Section 26, subsection 5 states, “A guardrail system shall be capable of resisting anywhere along the length of the system the following loads when applied separately, without exceeding the allowable unit stress of each material used: 1. A point load of 675 newtons applied in a lateral direction to the top rail; 2. A point … Continue Reading
Section 26.3, subsection (3) states,
“The guardrail system or protective covering required under subsection (1) or (2) may be removed temporarily to perform work in or around the opening if a worker is adequately protected and signs are posted in accordance with subsections 44(1) and (2).”
Excerpt from the Government of Ontario’s ‘Newsroom’
Star Ornamental Company Ltd., a Stoney Creek metal fabricator, was fined $75,000 on July 27, 2009, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was critically injured.
It is not just that the law says that certain organizations must have JHSCs (joint health and safety committees) , the legal driving force behind the committee is ‘Due Diligence’. A company or individual that fails to establish a legally-required JHSC has no chance of making out a due diligence defence. The result is exposure to liability under OHS laws and even criminal liability under Bill C-45.