Post #348 – Curtain Wall Assembler Fined $50,000 after Worker Seriously Injured and For Safety Violations

Post #348 – Curtain Wall Assembler Fined $50,000 after Worker Seriously Injured and For Safety Violations

Excerpt from the Government of Ontario’s ‘Newsroom’

Zimmcor (1993) Inc., a Concord, Ont., company that assembles curtain walls, was fined $50,000 on May 16, 2011, after a worker was seriously injured and for violating the Occupational Health and Safety Act.

On January 23, 2009, workers were trying to move a cart holding 22-foot-long aluminum extrusions, which was wedged between other carts. A worker was positioned between the cart that they were trying to move and another cart. As the worker pushed on the load while others pulled, the cart tipped over. The load fell and fractured the worker’s leg. A co-worker tried to remove adjacent bundles of extrusions with a forklift to access the tipped cart, but inadvertently touched the cart and further extrusions fell on the injured worker’s leg.

A Ministry of Labour investigation found the extrusions were not properly balanced or secured on the cart.

An inspector revisited the workplace on January 26, 2009, and observed that shields on a double-bladed chop saw were tied with metal holdbacks. This rendered the shields ineffective as a means of protecting workers from the hazards posed by the saw’s moving blades.

Zimmcor Inc. pleaded guilty, as an employer, to failing to ensure that the load being transported, placed or stored would not tip, collapse or fall, and to ensure that the load could be removed or withdrawn without endangering the worker. The employer also pleaded guilty to failing to take reasonable precaution of ensuring that the shields on a double-bladed chop saw were not rendered ineffective by metal holdbacks.

Zimmcor Inc. was fined $45,000 for the first count and $5,000 for the second. The fine was imposed by Justice of the Peace Malik Asad. In addition to the fine, 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:

Zimmcor Inc. was found guilty of a contravention of section 45(b) of the Ontario ‘Industrial’ regulation 851/90 which states,

“Materials, articles or things,

b) Shall be transported, placed or stored so that the material, articles or things,

i. Will not tip, collapse or fall, and
ii. Can be removed or withdrawn without endangering the safety of any worker.”

Zimmcor Inc. was also found guilty of violating section 25, subsection 2(h) of the OHSA which states,

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

The same story, just another day! Has anyone not picked up on the fact that the stories are getting quite regular and the fines do not seem to be getting through to any of the employers?

I, Daniel L. Beal, CHSEP, teach Basic Certification — Level 1 and we discussed section 25, subsection 2(h) in particular. I mentioned to a class of 10 that at least 40+ of the over 340 blog posts created by me had the MOL used 25, subsection 2(h) as the contravention by the employer. I find this to be useful for teaching as this particular passage seems generic in nature. The ‘go to’ passage when we cannot find a specific passage for the contravention.

I would like to end my opinion by stating that all companies need to review the relevant sections of the OHSA and appropriate regulations. If I had my way, all employers would be given a sufficient crash course on health and safety to at least give their workforce a chance to be safer than they are. All companies have the potential of being a safe company. Push them in the right direction and one never knows where one will end up. I would also encourage the MOL to suggest each company, that has been convicted of a contravention, to hire, at least for the short term, a health and safety expert to get them off on the right foot.

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 ‘Forklift Certification’, ‘Material Handling’ and ‘Forklift Re-Certification’. 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
Share

200 Comments

  1. Mary Ellen

    Good for you.

  2. Darryl

    This is really good stuff.

  3. Sharon Woodhouse

    I wanted to thank you for all the great information you are providing.

  4. Kenneth

    For this reason, I will come back again.

  5. Rayna

    Excellent!

  6. Victoria

    You are world class!

  7. Monte

    Very nice.

  8. Gino

    I wanted to thank you for all the great information you are providing.

  9. Christie

    I wanted to thank you for all the great information you are providing.

  10. Victoria

    Excellent!

  11. Toni

    Excellent!

  12. China

    I wanted to thank you for all the great information you are providing.

  13. Carl

    I needed to thank you.

  14. Phillip

    I love this site!

  15. Rosalva Enke

    I managed to get here and found the information exciting.

  16. Jackson

    I wanted this all along.

  17. John

    I needed to read this.

  18. Vicki

    You have the gift!

  19. Jermaine

    I actually regret to say I didn realize that I have not responded before.

  20. Louise

    I wanted to thank you for all the great information you are providing.

  21. Penny Kearney

    Excellent!

  22. Hillary

    I wanted to thank you for all the great information you are providing.

  23. Kenneth

    OMG! Very nice.

  24. Harold

    I wanted to thank you for all the great information you are providing.

  25. Sudesh

    Wonderfully written.

  26. Kitchen

    I wanted to thank you for all the great information you are providing.

  27. Sharon Woodhouse

    I needed to read this.

  28. Linda Whitehead

    I love it here!

  29. Harrison

    I want to see more.

  30. Xavier

    Good job!

  31. Gayle

    This is really good material.

  32. Felicity

    You have me thinking about this.

  33. Angela

    This is fascinating.

  34. Kourtney

    I want more of the same.

  35. Harrison

    You have the gift!

  36. Ellen Manteau

    I wanted to thank you for all the great information you are providing.

  37. Jimbo

    I want more of the same.

  38. Lucas

    Good for you.

  39. Lucas

    I needed to read this.

  40. Gordie

    I wanted to thank you for all the great information you are providing.

  41. Francis

    More of the same.

  42. Georgie

    Awesome!

  43. Carson

    I want more of the same.

  44. Reginald

    I wanted this all along.

  45. Chester

    You are one of the best.

  46. Jake

    Thank you.

  47. Talia

    You have a gift.

  48. Nicholas

    I wanted to thank you for all the great information you are providing.

  49. Daniel

    I wanted this all along.

  50. Allison

    A masterpiece you have here.

  51. Maria

    Keep up the good work!

  52. Bannock

    Good work!

  53. Sergio

    Those around you will sense that you’ve stepped out of your comfort zone.

  54. Buster

    World class!

  55. Barney

    This tutorial is full of tips for getting health and safety off the ground at your workplace.

  56. Banner

    More of the same, please.

  57. Darren

    This is well above the normal blogs.

  58. Oswald

    I wanted to thank you for all the great information you are providing.

  59. Bransom

    If you want to know about health and safety then come here.

  60. Sharon Woodhouse

    It can take some time for everyone to agree with you.

  61. James

    One of your best!

  62. Brillen

    Good for you!

  63. Corrine

    It is safe to say that the most dominating style in blogging for health and safety may be found here.

  64. Xavier

    I want to see more from you.

  65. Janet Hoy

    I wanted to thank you for all the great information you are providing.

  66. Sharon

    Huge thanks for the material!

  67. Cujo

    Many thanks!

  68. Brigham

    I wanted to thank you for all the great information you are providing.

  69. Ray Brown

    I love what you are doing.

  70. Shannon

    Most people would not be able to write this much!

  71. Gregory

    It could seem one of your best!

  72. Dexter

    Once you have these posts you have a feel for the rest! I like what I see.

  73. Mary Anne

    Good for you!

  74. Wexford

    This is good stuff.

  75. Wendell

    You are a world class blogger.

  76. Karla

    Once you have these, you will be able to review others.

  77. Damian

    I wanted to thank you for all the great information you are providing.

  78. Bannock

    I want to see more.

  79. Catherine

    You are world class!

  80. Wynn

    You are the best!

  81. Rex

    Many thanks!

  82. Ray Banyard

    Many thanks!

  83. Dennis

    I will be back again.

  84. Raymond

    I wanted to thank you for all the great information you are providing.

  85. Victoria

    You are the best!

  86. Reggie

    More of the same, please.

  87. Pastor Pete

    Good work!

  88. Raison

    I love coming here.

  89. Mirror

    One of your best!

  90. Nestor

    Excellent!

  91. Ken Glassen

    You have a gift!

  92. Rafer

    More of the same, please.

  93. Chanelle

    Good for you!

  94. Ray

    Good for you!

  95. Mary Ann

    Excellent!

  96. Raymond

    You are the best!

  97. Rance

    Many thanks!

  98. India

    More of the same please.

  99. Edward

    You are the best!

  100. Xavier

    One of your very best!

  101. Isabelle

    Good articles!

  102. Manolo

    Nice articles!

  103. Chastity

    Good articles!

  104. Melissa

    Thanks for the share!

  105. Xavier

    Hurray!

  106. Wilda

    Good articles!

  107. Yves

    Thanks for the share!

  108. Shannon

    I will return soon.

  109. Birgitte

    There is no one else like you!

  110. Nicholas

    You are world class!

  111. Nikki

    I really needed this!

  112. Nicholas

    I will return soon!

  113. Johnston

    You are the one of the best!

  114. Lorraine

    I wanted to see this!

  115. Shedly

    Great work!

  116. Vince

    Great article!

  117. Victor

    I wanted to thank you for all the great information you are providing.

  118. Michelle

    Wonderfully written!

  119. Brooke

    You are the best!

  120. Beatrice

    I wanted to thank you for all the great information you are providing.

  121. Gordon

    My thanks to you!

  122. Bear

    I wanted to thank you for all the great information you are providing.

  123. Aracelyn

    I wonder what comes next?

  124. Armand

    Thank you for the share!

  125. Thomas

    This is one of the best!

  126. Amy

    Good luck!

  127. Cedric

    I think we have a winner here.

  128. Shannon

    Many happy returns!

  129. Colleen

    Excellent!

  130. Xavier

    I wonder what comes next?

  131. Linda Whitehead

    Nice articles!

  132. Backus

    Thank you for the share!

  133. Frances

    Nicely played!

  134. Nathan

    One of your best!

  135. Jackie

    Thanks so much!

  136. Wendy Latrell

    You are the best!

  137. Karly

    You are so special!

  138. Manny Sanchez

    Thank you for the share!

  139. Wyatt

    Thank you for the share!

  140. Victoria

    Thank you for the share!

  141. Franklin Layne

    Good articles!

  142. Heather Butler

    I wanted to thank you for all the great information you are providing!

  143. Nikki

    I find this exciting!

  144. Brandon

    Good for you!

  145. Alexandria

    You are correct!

  146. Jack Masters

    Thank you so much!

  147. Harry Curtain

    Many thanks!

  148. Leonard

    Leave it with me!

  149. Sharon Woodhouse

    I wanted to thank you for all the great information you are providing!

  150. Corrine

    Good articles!

  151. Cletus

    I wanted this all along!

  152. Walter

    Good articles!

  153. Wesley Sharper

    You are really good!

  154. Anne Marie

    Good articles!

  155. Demetrius

    Nicely worded!

  156. Linda Whitehead

    I wanted to thank you for all the great information you are providing!

  157. Amber

    Thank you for the share!

  158. Jessica

    Good articles!

  159. Corrine

    This is really good!

  160. Melissa

    Very nice colours on your blog.

  161. Johnathan Wallen

    Good for you!

  162. Donna Mosely

    Very well done!

  163. Tiffany Beard

    You have my vote!

  164. Sharon Woodhouse

    Wonderful!

  165. Lawrence

    True happiness can be difficult to achieve, but you seemed to have done that!

  166. Danielle

    I want to say that this post is amazing and well written!

  167. Corrine

    It’s difficult to find knowledgeable people on this topic.

  168. Wanda Michaels

    Hey, good morning. Interesting article. You have gained a new reader. Pleasee keep up the good work and I look forward to more of your brilliant articles. God bless, .

  169. Sharon Woods

    I like what you guys are up to!

  170. Bethany Abbott

    Many thanks!

  171. Livia Schacter

    I really liked this site!

  172. Jennifer

    Did you just create your new Facebook page?

  173. Ann Weaver

    Well done!

  174. Ann Weaver

    I love this site!

  175. Barbara

    Hello blogger, I must say you have high quality posts here.

  176. Mary Anne

    Likely, I’m going to bookmark your blog.

  177. Andrea Gibson

    I discovered your blog by accident!

  178. Andrea Gibson

    I love this site!

  179. Joel

    Great Blog.

  180. Kerry Beck

    Excellent!

  181. Sharon Woodhouse

    Great stories!

  182. Kristofer

    Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your blog?

  183. Meredith

    Hello, Neat post.

  184. Elana

    Appreciated!

  185. Felicia

    I am really inspired with your writing abilities.ice
    weblog like this one nowadays..

  186. Whitney

    I desire to read more things about it!

  187. Sasha

    I’ve been exploring for a little bit for any high-quality articles or weblog posts on health and safety issues.

  188. Anneliese

    I seriously love your site.

  189. Louie

    Hello! Do you use Twitter? I’d like to follow you if that would be ok.

    I’m definitely enjoying your blog and look forward to new updates.

  190. Janessa

    I blog frequently and I truly thank you for your content.

  191. Jonathan

    Appreciate this post. Will try it out.

  192. Leslie

    Wow, incredible blog layout!

  193. Ted

    You really make it seem really easy with your presentation.

  194. Delphia

    Hello, I think that I saw you visited my web site.

  195. Zella

    I’m impressed, I have to admit.

  196. Zara

    Great job, Your post is an excellent example of why I keep coming back to read your excellent quality commentary.

  197. Mario

    Hey there! This is kind of off topic but I need some advice from an established blog.

    Is it hard to set up your own blog?

    1. Dan

      No. Just write about what you know!

      Daniel L. Beal
      CHSEP – Advanced

  198. Xander

    Many thanks!

Post a comment