Blog Post #214 – Res 2000 Structures Inc. and Worker Fined $90,000 after Worker Seriously Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

Res 2000 Structures Inc., a Cookstown-based company, was fined $85,000 and Tony Cristao, a worker, was fined $5,000 on July 19, 2010, for violating the Occupational Health and Safety Act after a worker was injured.

On March 26, 2008, workers employed by Res 2000 were working on placing panels on the Hilton Niagara building at 6361 Fallsview Blvd. in Niagara Falls. A steel panel that was placed incorrectly had to be moved using a crane while a worker stood on a scaffold to guide it. The crane operator lifted the panel higher than expected, and it passed over the heads of workers before striking the worker standing on the scaffold. The worker fell about four metres (13 feet) into an open stairwell and suffered serious injuries.

A Ministry of Labour investigation found that the scaffold did not have a guardrail. The investigation also found that the panel passed over the heads of workers and did not have guide ropes or tag lines to stop unwanted motion. As well, a safe, agreed upon method for moving the panel was not followed.

Res 2000 Structures Inc. was convicted of:

– Failing to ensure that a scaffold was equipped with a guardrail,
– failing to operate a crane in such a way that its load did not pass over the heads of workers,
– failing to use one or more guide ropes or tag lines to prevent the rotation or uncontrolled motion of a load being hoisted by a crane, and
– failing to take every precaution reasonable in the circumstances for the protection of a worker.

Tony Cristao was convicted of:

– Failing to operate a crane in such a way that its load did not pass over the heads of workers,
– failing to use one or more guide ropes or tag lines to prevent the rotation or uncontrolled motion of a load being hoisted by a crane, and
– operating equipment in a manner that may endanger another worker.

The fines were imposed by Justice of the Peace Mary Shelley. In addition to the fines, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

My opinion

The law(s) in contravention:

Res 2000 Structures Inc. was found guilty of a contravention of section 135, 1(b) and (c) of the Ontario ‘Construction’ regulation 213/91 which states,

“A scaffold platform or other platform,

b) If it is 2.4 metres or more above a floor, roof or other surface, consist of planks laid tightly side by side for the full width of the scaffold,
c) Shall be provided with a guardrail as required by section 26.3.

Res 200 Structures Inc. and worker Tony Cristao were found guilty for violating section 103, (2) of the ‘Construction’ regulation 213/91 which states,

“No worker shall operate a crane or similar hoisting device in such a way that part of the load passes over another worker unless the other worker is receiving the load or is engaged in sinking a shaft.”

Res 2000 Structures Inc. and worker Tony Cristao were found guilty of violating section 179, (1) of the ‘Construction’ regulation 213/91 which states,

“If a worker may be endangered by the rotation or uncontrolled motion of a load being hoisted by a crane or similar hoisting device, one or more guide ropes or tag lines shall be used to prevent the rotation or uncontrolled motion.”

As an employer, Res 2000 Structures Inc. was found guilty of violating section 25, 2(h) of the OHSA which states,

“The employer shall take every precaution reasonable in the circumstances for the protection of a worker.”

Worker Tony Cristao was found guilty of violating section 28, 2(b) which states,

“No worker shall,
b) Use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker.”

It seems that Res 2000 Inc., as well as one of their workers, need quite a bit of training concerning health and safety. The OHSA is the law and sector regulations determine how is it applied to the workplace. The OHSA covers so much of the workplace that it has to be divided into sectors. The 4 largest are;

1) ‘Industrial’ regulation 851
2) ‘Construction’ regulation 213/91
3) ‘Mining and Mining Plants’ regulation 854
4) ‘Health Care’ regulation 67/93

All employers should take a crash course in health and safety and incorporate the company’s commitment at the planning stage of the business. If the employer does not see the benefit of this type of approach to health and safety, then accidents like this one will happen all too often. Any approach less than this is unacceptable. Let us all do our part and encourage the employer to review their stand on health and safety so the worker will always be safe.

Remember — In Ontario, “ALL Accidents are Preventable”

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Construction Lifting and Rigging’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.