Blog Post #260 – Liquid Waste Company and Supervisor Fined $57,500 Total after Worker Injured

Blog Post #260 – Liquid Waste Company and Supervisor Fined $57,500 Total after Worker Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

1780226 Ontario Inc., formerly known as Direct Line Environmental Services Inc., a liquid waste management company, was fined $50,000 on November 24, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker. Lyndon Bingley, a supervisor from the company, was fined $7,500 in relation to the same incident.

On August 5, 2008, the company was on a construction project at an industrial plant in Thorold. The plant was decommissioning its equipment. Removal of the equipment left large holes in the floor called press pits. Direct Line Environmental Services Inc. was cleaning out the press pits. While cleaning out a trench leading into one of the pits, a worker fell 4.55 metres into the pit.

A Ministry of Labour investigation found that the worker was not protected by a guardrail or a fall protection system.

1780226 Ontario Inc., formerly known as Direct Line Environmental Services Inc., pleaded guilty, as an employer, to failing to ensure that the worker was adequately protected by a guardrail system. Lyndon Bingley pleaded guilty, as a supervisor, to failing to ensure the same.

The fines were imposed by Justice of the Peace Froese. 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:

Direct Line Environmental Services Inc., was found guilty of a contravention of the Ontario ‘Construction’ sector regulation 213/91, section 26.1(1) which states,

“A worker shall be adequately protected by a guardrail system that meets the requirements.”

If only this company was able to have read the series of blog posts I put together last August/September time frame that was on ‘Fall Protection’. There was a miniseries that covered section 26 of the Ontario ‘Construction’ regulation 213/91. It would have saved them over $50,000 (plus a 25% surcharge).

For those not aware of the blog posts I am referring to, feel free to research and look to August 8, 2011 for the series’ start.

I do not have a problem if anyone uses the information as part of their in-house ‘Fall Protection’ program.

Better to be safe than sorry. I know it is an old saying but it rings true today in the workplace. Prevention and awareness, along with a ‘Zero Tolerance’ policy, will lead your company to the safety level your employees deserve and your government demands.

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 ‘Fall Protection’ and Working at Heights’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at info@hrsgroup.com

‘Work’ and ‘Play’ safe.

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

Dan
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