Post #357 – Employer Fined $26,000 Total after Multiple Convictions

Post #357 – Employer Fined $26,000 Total after Multiple Convictions

Excerpt from the Government of Ontario’s ‘Newsroom’

Lushington Grant, sole proprietor of Mississauga-based Century Estates, was fined $26,000 on June 24, 2011, after being convicted of multiple violations of the Occupational Health and Safety Act.

On January 15, 2008, ministry inspectors visited a house construction project on Israel Zilber Drive in Vaughan. The inspectors entered the project and found a series of violations of the Occupational Health and Safety Act, including:

– workers climbing down from their work location using a bent piece of lumber instead of stairs, a runway, a ramp or a ladder;
– a basement opening that did not have a guardrail or protective covering;
– stairs that did not have a securely fastened and supported handrail; and
– a worker that was not wearing head protection or foot protection.”

The inspectors also observed workers working at heights without fall or head protection. The inspectors were told by the workers that the fall protection equipment was in the van of their employer, Lushington Grant, and that he was not on site. Upon his arrival, Mr. Grant obstructed the inspection by refusing to answer questions asked by an inspector and then leaving the site.

On January 25, 2008, an inspector returned to the site to serve one of Mr. Grant’s workers with an offence notice. Mr. Grant provided false information to the inspector regarding the worker.

After a trial, Justice of the Peace Hazel Hodson-Walker found Mr. Grant guilty of eight counts and fined him a total of $26,000. The $26,000 fine included a $10,000 fine for obstruction and a $10,000 fine for providing false information. 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

I normally quote the law(s) broken prior to my opinion on the matter, but this case encouraged me to change things around.

Lushington Grant, the sole proprietor for Century Estates was found guilty of so many things I was very surprised that the total was only $26,000. The maximum fine for the total could have been $200,000 and possible company fines as high as $500,000 for each contravention. (if warranted) There even could have been a jail sentence up to a year.

Yes, Mr. Grant was a very lucky man. The judge, in the matter, erred on the size of the fine. All the convictions are listed below and a message was needed to be sent. It would not surprise me if Mr. Grant went back to his old ways. I would even wager that any employee that talked to the MOL has now been let go. That in itself is a violating of section 50 of the OHSA, which protects the employee from any further action, harassment, coercion or dismissal because of the communication to the MOL.

The law(s) in contravention:

1) Lushington Grant was found guilty of a contravention of section 62 (1) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this ACT or the regulations or in the execution of a warrant issued under this ACT, or the Provincial Offences Act with respect to a matter under this Actor the regulations.”

2) Lushington Grant was found guilty of a contravention of section 62 (3) of the OHSA which states,

“No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information required by an inspector:

(a) in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations; or
(b) in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.”

3) Lushington Grant was found guilty of a contravention of section 22 (1) of the Ontario ‘Construction’ regulation 213/91 which states,

“Every worker shall wear protective headwear at all times when on a project.”

4) Lushington Grant was found guilty of a contravention of section 23 (1) of the Ontario ‘Construction’ regulation 213/91 which states,

“Every worker shall wear protective footwear at all times when on a project.”

5) Lushington Grant was found guilty of a contravention of section 26.1 (2) of the Ontario ‘Construction’ regulation 213/91 which states,

“A worker shall be adequately protected by a guardrail system that meets the requirements of subsections 26.3 (2) to (8).”

6) Lushington Grant was found guilty of a contravention of section 26.3 (2) of the Ontario ‘Construction’ regulation 213/91 which states,

“One of the following precautions shall be used to prevent a worker from falling through an opening on a work surface:

1. A guardrail system that meets the requirements of this section;

2. A protective covering that;

i. completely covers the opening,
ii. is securely fastened,
iii. is adequately identified as covering an opening,
iv. is made from material adequate to support all loads to which the covering may be subjected, and
v. is capable of supporting a live load of at least 2.4 kilonewtons per square metre without exceeding the allowable unit stresses for the material used.”

7) Lushington Grant was found guilty of a contravention of section 70 (1) of the Ontario ‘Construction’ regulation 213/91 which states,

“Runways, ramps and platforms other than scaffold platforms shall meet the requirements of this section.”

8) Lushington Grant was found guilty of a contravention of section 77 (2)(e) of the Ontario ‘Construction’ regulation 213/91 which states,

“Stairs shall have,

e) a securely fastened and supported wooden handrail on the open sides of each flight.”

Enough said!

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’, Working at Heights’ and ‘Health and ‘Safety Law and the Supervisor’. 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

160 Comments

  1. Huey Goolsby

    Appreciate these kind of articles.

  2. Tamara

    Pure genius!

  3. Orel Maitlin

    This has my attention.

  4. Bressure

    I love this site!

  5. Simone

    Great way to put it.

  6. Catherine

    This can be the best out there.

  7. Jacqueline

    Thanks once again.

  8. Nathaniel

    Keep up the good work.

  9. Heather Butler

    Wonderfully done!

  10. Sharon Woodhouse

    I need to see more, much more.

  11. Corrine

    This has my attention!

  12. Edward March

    Awesome material.

  13. Adam Price

    I want more of the same.

  14. Ann Pinczak

    Thanks.

  15. Jermaine

    I want more of the same.

  16. Rocky

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

  17. Yoseph

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

  18. Bette

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

  19. Richard

    I wanted to thank you for all this.

  20. Marissa

    You are one of the best!

  21. Michael Michaelson

    Very excellent information can be found on this website.

  22. Norton Paus

    We share in your opinion.

  23. Olivia

    First off I want to say wonderful blog!

  24. Carter

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

  25. Kenneth

    These are some of your best!

  26. Shea

    I really enjoy the article. Keep writing.

  27. Aidan

    I am genuinely grateful to the owner of this web page who has shared this impressive posting.

  28. Romaine

    I think the admin of this website is really working hard because here every stuff is quality based information.

  29. Marissa

    It’s hard to find knowledgeable people about this subject, however, you seem like you know what you’re talking about! Thanks

  30. Clarisse

    Awesome article!

  31. Weldon

    I’m really enjoying the theme/design of your blog. Do you ever run into any web browser compatibility problems?

  32. Florencia

    Hello, Neat post. There is an issue together with your website in web explorer, would test this?

  33. Avery

    Excellent blog post. I absolutely love this website. Thanks!

  34. Yancey

    Awesome!

  35. Eve

    Excellent!

  36. Fred

    Great read!

  37. Jessie

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

  38. Rex Handler

    Good way to put things.

  39. Sharon Woodhouse

    It makes me think.

  40. Corrine

    Thanks-a-mundo for the article. Much obliged.

  41. Faye

    This is good stuff.

  42. Ezra

    You can see your hard work in everything you do.

  43. Calvin

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

  44. Reggie

    Mazing article!

  45. Wendell

    I shared many of these blog posts with my friends.

  46. Emily

    You have the best website.

    1. Kamron

      We’ve arrived at the end of the line and have what we need!

  47. Snedley

    Very impressive!

  48. Karsten

    Good work!

  49. Amber

    Please write more posts.

  50. Alex

    The key is to be true to yourself when writing.

  51. Harmon

    More of the same, please.

  52. Kate

    Back again soon!

  53. Garth

    Nicely done!

  54. Carol Greenfield

    Wonderfully written!

    1. Sherry

      This is a most useful contribution to the debate.

  55. Rudy

    Keep up the good work!

  56. Maureen Chamberlain

    Good work being done here.

  57. Harvey Basden

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

  58. Peggy

    Nicely done!

  59. Corrine

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

  60. Michael Bushman

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

  61. Sharon Woodhouse

    I wonder what comes next?

  62. Eduardo

    I usually read many blog posts.

  63. Damian

    I love it!

  64. Adelaida

    Good for you!

  65. Wallace

    Nicely done!

  66. Sallie

    Nicely done!

  67. Corrine

    I thank you for all this!

  68. Chester

    One of your best!

  69. Vicki

    Thanks once again!

  70. Amber

    Great job.

  71. Lyle Wichfield

    You are one of the best!

  72. Cathy Awalt

    Wonderfully written!

  73. Ellen Hackwell

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

  74. Quentin

    Great way to put it!

  75. Heather Butler

    Many thanks!

  76. Demetrius

    Great way to put things!

    1. Wanita

      Alazakaam-information found, problem solved, thanks!

  77. Janet Hoy

    Wonderful!

  78. Amber

    More of the same!

  79. Kenneth

    Many thanks!

  80. Donna

    I really needed this!

  81. Esther

    Good for you!

  82. Wallace

    So many fine stories!

  83. Tiffany

    So many fine stories!

  84. Forrest

    This is one of your best!

  85. Lacie Marshall

    You are world class!

  86. Thomas

    This is one of the best!

  87. Lacie Marshall

    This is really good!

  88. Kory Mathers

    Excellent!

  89. Wanda Sterling

    This certainly has my attention!

  90. Linda Whitehead

    So far so good!

  91. Corrine Maxwell

    Many thanks!

  92. Tiffany

    This is really good!

  93. Corrine

    Awesome material!

  94. Lacie Marshall

    I will follow you!

  95. Xavier

    Many thanks!

  96. Wes Cramer

    I love this site!

  97. Beverly

    More of the same!

  98. Isabel

    Hello Web Admin, I noticed that your On-Page SEO is is missing a few factors.

    1. Charlotte

      You saved me a lot of time just now.

  99. Kenneth Mitchell

    I like this web site very much!

  100. David and Cassie

    You are the best!

  101. Warren

    Well done!

  102. Debrah

    Sharp thinking! Thanks for the answer.

  103. Maureen Chamberlain

    This is one of the best!

  104. Sheldon

    Write more, that’s all I have to say.

  105. Warren

    I definitely wanted to write down a word so as to appreciate you.

  106. Justin

    Thanks for the great information.

  107. Wayne Mendez

    Hello there! I could have sworn I’ve been to this blog before but after checking through some of the post I realized it’s new to me.

  108. Xavier

    I really appreciate this post. I been looking all over for this!

  109. Ashlynn Monterra

    Hi there I am so happy I found your website.

  110. Carol Greenfield

    I truly appreciate this post.

  111. Wayne Jenkins

    Just wanted to give you a quick heads up and let you know a few of the images aren’t loading correctly.

  112. Sharon Woodhouse

    Wow, fantastic blog layout! How long have you been blogging for?

  113. Kristan

    Wonderful story!

  114. Shelby

    Howdy, I read your blog occasionally and I own a similar one and I was just curious if you get a lot of spam remarks?

  115. Nessie

    Excellent!

  116. Kristan

    Well done!

  117. Warren

    Many thanks!

  118. Wendy Taylor

    Many thanks!

  119. Percy

    Hey! Would you mind if I share your blog with my twitter group?

  120. Darrell

    Thanks!

  121. Rafaela

    Oh my goodness! Amazing article dude!

  122. Ray

    Hi, after reading this awesome post i am also cheerful to share with friends.

  123. Saul

    Its like you read my mind!

  124. Finlay

    Great posting!

  125. Xavier Hickey

    I will follow you!

  126. Corrine

    World class!

  127. Marissa

    Yes, you have a point!

  128. Corrine

    World class!

  129. Herbert

    I constantly emailed this website post page to all my contacts.

  130. Vera

    Hello there! I know this is somewhat off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!

  131. Sharon Woodhouse

    I thank you!

  132. Xavier

    You are the best!

  133. Erin

    Look forward to reading your internet page yet again.

  134. Alvaro

    Hey there! Do you use Twitter?

  135. Shaoshana

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

  136. Aurelia

    I had been extremely pleased to get this page.

  137. Helene

    I would like to read even more things about health and safety concerns!

  138. Darnell

    Thanks for the good writeup.

  139. Doris

    Thanks a lot.

  140. Moe

    I think the admin of this website is truly working hard.

  141. Brooks

    Keep up the good job.

  142. Lilia Reimer

    Thanks a whole lot!

  143. Demetria

    Thanks!

  144. Athena

    I thought I could also create comment due to this good posting!

  145. Mildred

    This website is truly remarkable.

  146. Alissa

    Great article! We have been linking to the particularly great post on our site.

    Continue the good writing.

  147. Jaunita

    Hi there! This post could not be written any better!

  148. Nicki

    Thanks for your post.

  149. Thurman

    This is a good site!

  150. Louella

    Many thanks for the writeup.

  151. Cheri

    Excellent post!

  152. Fran

    Thanks for sharing!

  153. Adolph

    Superb post.

    Thank you!

  154. Barry and Michelle

    I thought this post was good.

  155. Deidre Kallas

    Terrific post!

  156. Jayme

    I had reading posts on this website for a while now!

Post a comment