Samples of 2004 Prosecutions under
the Occupational & Safety Act and Regulation 213/91

ONTARIO MINISTRY OF LABOUR
CONSTRUCTION HEALTH AND SAFETY PROGRAM

A constructor pleaded guilty and fined $15,000 for failing to ensure that the workers on the project used fall protection as per Ontario Regulation 213/91 section 26.1 (2). The charge stems from a routine inspection on a commercial project where the workers were exposed to a fall hazard that varied from 16 to 18 feet while carrying out a demolition.

An employer and supervisor were both found guilty and fined $25,000 and $2,000 respectively. The employer and supervisor failed to ensure the measures and procedures were carried out on the project as per Ontario Regulation 213/91 section 93 (1). The charges stem from an incident in October 2000 where a worker’s lost four fingers. The injured worker was spooling a hoisting cable of a crane when the operator moved the wrong control causing the cable to move pulling the workers hand into the sheave of the crane.

A constructor pleaded guilty and fined $35,000 for failing to ensure that the measures and procedures are carried out on the project as per Ontario Regulation 213/91 section      26.1 (2). The project supervisor under the same regulatory requirement also pleaded guilty and fined $3,200 for failing to ensure that a worker works in a manner and with the protective devices. The Charges stem from an incident that occurred in September 2002 where a worker was climbing down a form ladder during the construction of a silo and fell approximately 25 feet to the ground resulting in two broken ribs and a laceration to his forehead.

A supervisor (roofer) pleaded guilty on a Part One Summons and fined $450 for failing to ensure his workers worked in a manner and with the protective devices as per Ontario Regulation 213/91 section 26.1 (2). The charge stems from a routine inspection on a residential project where the workers shingling the home while exposed to a fall hazard of approximately 20 feet and were not wearing or using fall protection.

Two supervisors (framers) co-owners of a framing company both pleaded guilty on a Part One Summons and fined $150 each, for failing to ensure they and their worker works with the protective devices as per Ontario Regulation 213/91 section 26.1 (2). The charges stem from a routine inspection where three workers were sheathing a roof of a residential home and were exposed to a fall hazard that ranged from 10 to 13 feet.

A contractor (roofer) pleaded guilty and fined $60,000 for failing to ensure that the measures and procedures as per Ontario Regulation 213/91 section 26.1 (2). The charge stems from an incident in November 2002 where a worker working along with four other workers all not wearing fall protection on a one-storey building fell and was critically injured.

A framing contractor was found guilty and fined $50,000 for failing to ensure every precaution reasonable in the circumstances for the protection of a worker as per Ontario Regulation 213/91 section 26.1 (2). The charge stems from an investigation in August 2001, where a worker climbed onto the top plate of a wall over top of the second floor stairwell and fell approximately 28 feet into the basement on a residential project.

A worker (operator) pleaded guilty on a Part One Summons and received a fine of $400 for failing to work in compliance with Ontario Regulation 213/91 section 194. The charge stems from an investigation where the worker operating a boom truck made contact with an energized overhead power-line rated at 27,600 volts.

An employer pleaded guilty and received a fine $20,000 for failing to ensure the measures and procedures prescribed by Ontario regulation 213/91 section 31 were carried out on a project. The supervisor for the company also pleaded guilty and received a fine of $1,500 for failing to ensure his workers worked in a manner and with the protective devices as the above noted section. The charges stem from an investigation in May 2002 where two workers received injuries when they fell approximately 12 feet when the floor joists that were not adequately braced on a residential home collapsed underneath them.

A constructor and employer both pleaded guilty and fined $7,500 and $25,000 respectively. The constructor and employer were both charged with failing to ensure the measures and procedures as per Ontario Regulation section 26.1 is carried out on the project. The charges stem from an incident in November 2002 where a worker installing a metal roof fell 19 feet and suffered serious injuries. The constructor was the owner of the property who hired a contractor and also took part in the construction of the building. During the installation of the metal roof a worker dropped a cordless drill. As the drill was sliding down the roof one of the workers tried to stop it, causing him to slip, resulting in the fall.

A Constructor pleaded guilty and received a $35,000 fine for failing to ensure every measure and procedure prescribed is carried out on the project. The charges stem from a routine inspection in October 2002 on a residential project. The charges were under Ontario Regulation 213/91 as noted:

Section 22 (1), failing to wear protective headwear.

2) Section 26.3 (2), failing to take precautions to prevent a worker from falling through a floor opening.

3) Section 14 (2), failing to provide supervision.

4) Section 42 (1), failing to secure compress gas cylinders.

5) Section 102 (c), failing to ensure an operator is at the controls of a forklift when the forks are in the raised position.

An employer was found guilty and received a fine of $40,000 for failing to ensure the measures and procedures prescribed as per Ontario Regulation 213/91 section 31 (1) (b) were carried out. The charge stems from an investigation on an ICI project in March 2002. An addition to a building was being carried out where the roof was being support by shoring posts and failed.

A supervisor (sewer/watermain) pleaded guilty on a Part One Summons and received a $450 fine for failing to work in a manner and the measures and procedures as per Ontario Regulation 213/91 section 194. The supervisor was operating a backhoe when he made contact with an 8000 volt energized underground hydro line.

A project supervisor on an ICI project was found guilty and received a $500 fine for two Part One Summons for failing to ensure the workers on the project worked in a manner and with the protective devices as per Ontario Regulation 213/91 section 22 (1) and section 26.1. The supervisor along with three workers on the project were not wearing protective headwear and two workers were working without fall protection.

An employer pleaded guilty and received a $150,000 fine for failing to ensure that the measures and procedures prescribed as per Ontario Regulation 213/91 section 26.1 (1). The supervisor also pleaded guilty and received a $5000 fine for failing to ensure a worker works in a manner and with the protective devices as the above noted regulation.

The charges stem from a fatality in July 2002 when a worker fell through a guardrail system that was constructed with inadequate material and was not properly secured in place on a residential project for seniors.

An employer pleaded guilty and received a $50,000 fine for two violations under OHSA section 25 (1) (d) and section 25 (2) (h) for failing to ensure that the equipment provided is used as prescribed and for failing to take every precaution reasonable in the circumstances for the protection of a worker. The charges stem from an incident that occurred in January 2003 while a worker was preparing to use a high-pressure water hose. The worker lost control of the hose when it started kicking violently. The result was that the worker was struck in the face by water and ice that was lodged in the hose sustaining facial lacerations requiring 300 stitches and lost sight in one eye.

A worker (crane operator) pleaded guilty on two Part One Summonses and received a total fine of $600. The first charge was for failing to work in compliance with Ontario Regulation 213/91 section150 (1) and the second charge was under the OHSA/90 section 62 (3).  The worker on a multi-residential project was operating a crane rated at 40 tons and held a 339C Certificate of Qualification which allows him to operate a crane less than 15 tons. The worker also knowingly provided the Inspector false information regarding the number of times he operated the crane without the appropriate qualifications.

A worker (framer) was found guilty (trial in absentia) on a Part One Summons and received a $500 fine for failing to work in compliance with Ontario Regulation 213/91 section 26.1 (2). The worker was on the top plate of an exterior second floor wall on a residential project exposed to a fall hazard of 20 feet without fall protection.

A supervisor (roads) was found guilty (trial in absentia) on a Part One Summons and received a $500 fine for failing to ensure his crew worked in a manner and with the protective devices as per Ontario Regulation 213/91 section 234 (1). The charge stems from an investigation where a worker was found in an unshored trench that was 8 feet deep installing a watermain.

A municipality (constructor) pleaded guilty and received a $125,000 fine for failing to ensure the measures and procedures prescribed as per Ontario Regulation 213/91 section 186 (1) are carried out on the project. The charge stems from an incident in August 2003 where a worker (operator) of a dump truck was electrocuted while attempting to re-enter the cab of his truck to prevent the dump-box from hitting the overhead-energized power lines rated at 8000 volts.

A constructor was found guilty and received a $15,000 fine for failing to ensure that every worker performing work on a project complies with Ontario Regulation 213/91 section 26.1 (2). The charge stems from a routine inspection in September 2003. The project consisted of restoration work on a building where orders on previous occasions were left to ensure workers were protected by fall protection. On a subsequence inspection workers on the building’s roof exposed to a fall hazard of approximately 80 feet were found not using fall protection.

Source: Ministry of Labour

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