Samples of 2003 Prosecutions under
the Occupational & Safety Act and Regulation 213/91

ONTARIO MINISTRY OF LABOUR
CONSTRUCTION HEALTH AND SAFETY PROGRAM

A sewer and watermain contractor pleaded guilty and received a fine of $55,000 for failing to ensure that the level area extending one metre from the upper edge of each wall of an excavation was kept clear of soil and rocks as per Ontario regulation 213/91 section 233 (1). The charge stems from an incident on a project in Hamilton where a worker while laying pipe in a trench was struck in the head by a rock.

A forming contractor pleaded guilty and received a $20,000 fine for failing to ensure that the measures and procedures prescribed under Ontario Regulation 213/91 sections  150 (1) and section 186 (1) are carried out in the workplace. The charge stems from an incident in April 2001 on an ICI project in Guelph. A crane operated by an uncertified hoisting engineer came in contact with an energized overhead power line rated at 13,800.

A contractor pleaded guilty and fined $50,000 for failing to ensure a workers fall arrest system was attached to an independent fixed support that was practical to use as per Ontario Regulation 213/91 section 26.6 (2). The charge stems from an incident in July 2001 where a worker fell some 60 feet while installing roof panels on a grain storage bin. The worker had tied off to one of the panels, which slid off the roof taking the worker down with it.

A contractor pleaded guilty and was fined $2500 for failing to ensure that an object did not encroach the minimum distance of an overhead-energized electrical conductor as per Ontario Regulation 213/91 section 186. The charge stems from an investigation where a scaffold was within the minimum distance prescribed to an overhead-energized conductor rated at 4160 volts on a project in Cambridge.

A constructor and a roofing contractor pleaded guilty under the Occupational Health and Safety Act for failing to ensure that precautions were taken to prevent a worker from falling through an opening as per Ontario Regulation 213/91 section 26.3 (2). The charges stem from an investigation in July 2001 on a commercial project in Burlington. A worker (roofer) sustained injuries when he fell approximately 18 feet through a roof opening. The constructor received a fine of $37,500 and the employer received a fine of $7000.

A constructor pleaded guilty under the Occupational Health and Safety Act for failing to ensure that a scaffold mounted on wheels or casters more than 8 feet above it’s base not be moved when a worker is on it unless the worker is protected by fall arrest system as per Ontario regulation 213/91 section 129 (3). The charge stems from an investigation in August 2001 on a commercial project in Burlington. A scaffold mounted on casters rolled into a floor trench causing the scaffold to topple over. The worker grabbed onto the sprinkler system but lost his grip and fell approximately 22 feet sustaining critical injuries. The constructor received a fine of $50,000.

An employer pleaded guilty under the Occupational Health and Safety Act for failing to ensure that workers were protected by fall protection as per Ontario Regulation 213/91 section 26.1 (2). The charge stems from an investigation in April 2001 where a worker (roofer) received injuries from falling approximately 20 feet from a roof on a residential project in Halton Hills. The employer received a fine of $12,500.

A roofing contractor pleaded guilty and fined $40,000 for failing to ensure that barriers were placed 6.5 feet from the perimeter of the roof as per Ontario Regulation 213/91 section 207 (1). A worker operating a power sweeper on a commercial project in Kitchener fell 20 feet and was critically injured. 

A supervisor (framer) pleaded guilty on a Part One Summons and fined $500 for failing to ensure his workers were protected by fall protection as per Ontario Regulation 213/91 section 26.1 (2). The charge stems from an investigation where two workers were installing a wall panel on the third floor, exposed to a fall hazard of 18 feet on a residential project in Hamilton.

A project supervisor was convicted under a Part One Summons and fined $500. The supervisor failed to ensure that the underground services were accurately located and marked as per Ontario Regulation 213/91 section 228. An excavator on a project in Port Colborne severed a 2” inch gas line.

A supervisor pleaded guilty to a Part One Summons and fined $450 for failing to ensure his workers were wearing protective headwear on a project in Burlington as per Ontario Regulation 213/91 section 22.

A drywall contractor pleaded guilty and fined $25,000 for failing to ensure that a worker was protected by fall protection as per Ontario Regulation 213/91 section 26.1 (2). The project supervisor also pleaded guilty and fined $1,200 for failing to ensure that a ladder is placed on a firm surface as per Ontario Regulation 213/91 section 78 (2) (d). The charges stem from an incident were a worker was installing drywall from a stepladder positioned on top of a baker’s scaffold to reach the work area some 17 feet above the floor. The scaffold tip over and the worker fell shattering his ankle and broke his wrist on a commercial project in Hamilton.

A constructor and employer both pleaded guilty and fined $40,000 and $8000 respectfully for failing to ensure that a worker was protected by a guardrail system as per Ontario Regulation 213/91 section 26.1. The charges stem from an incident in April 2001, while installing an electrical service on an industrial project in Tillsonburg the worker fell 14.5 feet. At the time the worker was on a catwalk that was not provided with a guardrail system. The worker sustained fractured vertebrates.

A roofing contractor pleaded guilty and fined $28,000 for failing to ensure the measures and procedures required by Ontario Regulation 213/91 section 26.1 was carried out. The roofing supervisor pleaded guilty last month and fined $3,500 for failing to ensure that the workers worked with the protective devices as per the same regulatory requirement as above. The charges stem from an investigation where a roofing contractor removed the protective covers over the roof openings on an industrial project in Guelph. One of the workers while unrolling the roof membrane fell through an opening falling approximately 26 feet.

A contractor pleaded guilty was fined $45,000 for failing to ensure that the walls of an excavation were support by a support system as per Ontario Regulation 213/91 section 234. The charge stems from an incident that occurred in August 2001 where a worker working in an unshored trench 13 to 16 feet deep was injured when a portion of the trench wall caved-in on a project in Georgetown.

A constructor pleaded guilty on a Part One Summons and fined $350 for failing to file a notification form (Notice of Project) with the local Ministry of Labour office for a project in St. Thomas valued over $50,000.

A supervisor (framer) pleaded guilty on a Part One summons and fined $500 for failing to ensure his workers were protected by fall protection as per Ontario regulation 213/91 section 26.1 (2). Two workers installing roof trusses on a residential project in Paris were exposed to a fall hazard of 12 feet.

A contractor pleaded guilty and was fined $25,000 for failing as an employer to ensure that the protective devices as prescribed are provided as per Ontario Regulation 213/91 section 26.6. The charge stems from an incident that occurred in February 2001 when a framer was sheathing the roof for a residential home in Colborne Township without fall protection. The worker was trying to stop his nailer gun from sliding off the roof when he lost his balance and fell approximately 25 feet. The worker was wearing a tool belt containing his claw hammer. The worker fell in such a way that he landed on the claw hammer severely injuring his spinal cord resulting in the worker being paralysed from the chest down.

A constructor, employer and project supervisor all pleaded guilty in regards to an incident that happened in October 2001 where a worker fell approximately 20 feet from a roof on a commercial project in Simcoe. The constructor was fined $50,000, the employer was fined $30,000 and the project supervisor was fined $4,000 for failing to ensure that a worker was adequately protected by a guardrail system as per Ontario Regulation 213/91 section 26.1. A worker while unloading large sections of debris to drop into a bin on the ground from a mechanical workhorse located at the roof’s perimeter fell sustaining injuries to his back and ankle.

A supervisor pleaded guilty and fined $4000 under the Occupational Health and Safety Act for failing to ensure that a worker take every reasonable precaution in the circumstances as per Ontario regulation 213/91 section 129 (3). The charge stems from an investigation in August 2001 on a commercial project in Burlington. A scaffold mounted on casters more than 8 feet above its base not be moved when a worker is on it unless the worker is protected by fall arrest system. The scaffold rolled into a floor trench causing the scaffold to topple over. The worker grabbed onto the sprinkler system but lost his grip and fell approximately 22 feet sustaining critical injuries.

A worker (electrician) pleaded guilty to a Part One Summons and fined $500 for failing to disconnect, lockout of service an electrical installation as per Ontario regulation 213/91 section 188 (1). The charge stems from an investigation where the worker received burns to his forearm when the piece of the electrical panel he was cutting out fell onto the live conductor on a project in North Perth (London North district).

A project supervisor for residential project in Burlington pleaded guilty on three Part One Summonses totalling $1325 for failing to ensure the workers on the project worked in a manner and with the protective devices as required by Ontario Regulation 213/91 sections 22, 26.1 and 26.3. The charge stems from a routine inspection where workers installing roof trusses were not wearing protective headwear, exposed to a fall hazard of approximately 21 feet and had to access the roof area by means of a floor that was not protected by a guardrail system.

A supervisor (sewer and watermain) was found guilty in absentia and fined $500 under a Part One Summons on a commercial project in Binbrook. The supervisor failed to ensure his workers worked in a manner and with the protective devices as per Ontario Regulation 213/91 section 234. Two workers were found in a trench installing a manhole base that was 12 feet deep without the wall of the excavation being supported by a support system.

A constructor pleaded guilty and fined $12,500 for failing to ensure every employer complies with the Act by only employing in or about a workplace a person as per Ontario Regulation 213/91 section 16. A routine inspection carried out on a residential project in Cambridge in January 2002, found a worker under the age of 16 years of age was employed framing a home.

A supervisor was found guilty in absentia and fine $500 for failing to wear a method of fall protection when exposed to a fall hazard of approximately 19 feet while working on a roof of a residential project in Thorold as per Ontario Regulation 213/91 section 26.1 (2).

A supervisor (mason) was found guilty on a Part One Summons and fined $500 for failing to ensure that his workers were protected by fall protection as per Ontario regulation 213/91 section 26.3 (1). The workers were working from a scaffold platform exposed to a fall hazard of approximately 13 feet without a guardrail system on a residential project in Hamilton.

A supervisor (mason) pleaded guilty on three Part One Summons and fined a total of $530 for failing as a supervisor that his workers worked in a manner and with the protective devices, measures and proceeds as per Ontario Regulation 213/91 sections 26.1 (2), 26.3 (1) (4) and 102 (c). The charges stem from a routine inspection on an ICI project in Hamilton, the contraventions are as follow:

1. One worker was not protected by a method of fall protection while working in close proximity to a floor perimeter exposed to a fall hazard of 22 feet,
2. Three workers on a scaffold platform not equipped with a guardrail system may of fallen 11 feet and
3. A forklift was left unattended while the forks were in the raised position.

A project supervisor was found guilty in absentia on a Part One Summons and fined $500 for failing to ensure the workers on a residential project in Burlington wore fall protection while exposed to a fall hazard of approximately 24 feet as per Ontario regulation 213/91 section 26.1

A constructor pleaded guilty and was fined $13,600 for failing to take every reasonable precaution contrary to the Occupational Health and Safety Act section 25 (2) (h). The charge stems from an incident that occurred on December 10, 2002 where a bucket of concrete being hoisted struck and injured a worker on a high-rise residential project in Oakville. 

A constructor was found guilty and fined $200,000 for failing to ensure that the measures and procedures as per Ontario Regulation 213/91 section 104 was carried out in the workplace. The charge stems from a fatality that occurred in July 1997 where a worker was struck-by a reversing dump truck on a road project. A signaller did not assist the operator of the reversing truck.

A constructor was found guilty in absentia and fined $40,000 for failing to ensure that the measures and procedures as per Ontario Regulation 213/91 section 78 (2) were complied with. The charge stems from a critical incident that occurred on an ICI project in February 2002. A worker installing drywall was working off an eight-foot stepladder that was resting against a wall situated on top of a baker’s scaffold. The scaffold tipped over causing the worker to fall approximately 12 feet, which resulted in a broken leg and wrist.

A worker (operator) pleaded guilty and was fined $3,500 for failing to work in compliance with Ontario Regulation 213/91 section 37 (1). The charge stems from an incident in August 2001 on a commercial project. A backhoe operator was moving a large tree when it slipped out of the grasp of the bucket and fell on a worker breaking his leg.

A roofing contractor was found guilty and fined $26,000 for failing to ensure that the measures and procedures prescribed were carried out to prevent a worker from falling through an opening as per Ontario Regulation 213/91 section 26.3 (2). The charges stem from an investigation in July 2001 on a commercial project where a worker (roofer) sustained injuries when he fell approximately 18 feet through a roof opening.

A supervisor pleaded guilty on two Part One Summonses and received a fine totally $500 for failing to ensure his workers worked according to the measures and procedures as per Ontario regulation 213/91 section 135 (1) (c) and section 194. The charges stem from an investigation on a residential project where workers were exposed to a fall hazard of 12 feet on a scaffold not equipped with a guardrail system and the scaffold was in direct contact with the hydro service line.

A project supervisor pleaded guilty on a Part One Summons and fined $500 for failing to ensure that the measures and procedures as per Ontario Regulation 213/91 section 234 (1) was carried out. The charge stems from a routine inspection where an excavation approximately 9 feet deep was not supported by a support system.

A contractor that erects greenhouses pleaded guilty and fined $16,000 for failing as an employer to ensure that the measures and procedures as per Ontario Regulation 213/91 section 26.1 (2) was carried out in the workplace. The charge stems from an incident in August 2002 where a worker while walking across atop a greenhouse along a purlin fell approximately 19 feet and sustained a broken ankle and knee.

Source: Ministry of Labour

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