What happens when you don't use PPE/Fall Arrest Gear in ON!
Ministry of Labour
Seeley's Bay contractor jailed 30 days for health and safety violation
KINGSTON, ON, Oct. 25 /CNW/ - A partner of Peaks & Valleys Contracting, a
roofing contractor based in Seeley's Bay, Ont., was ordered jailed for 30 days
today for a violation of the Occupational Health and Safety Act that resulted
in injuries to a young employee.
On September 14, 2004, a worker fell from a roof about three storeys into
a refuse bin on the ground below. The worker suffered a bruised shin bone.
Just prior to the incident the worker had been instructed by the defendant to
ascend the roof to remove old shingles so they could be replaced. The roof was
about eight metres (27 feet) from the top of the eavestrough to the ground.
The worker had been on the roof for about 10 minutes before falling. It was
the worker's first day on the job. The incident occurred at a shingling
project at row housing on Craig Lane in Kingston. K.B. Home Insulation Ltd., a
Kingston-based contractor, was hired by the row housing's condominium
corporation for the shingling project. K.B. Home Insulation Ltd., in turn,
hired the defendant to do the work.
A Ministry of Labour investigation found the worker was not wearing a
fall harness when ascending the roof. However, as the worker lay injured in
the bin, the defendant put a fall harness on the worker and told the worker to
tell Ministry of Labour investigators the worker had been wearing it while on
the roof. The worker did as instructed.
The defendant pleaded guilty, as an employer, to failing to ensure fall
protection was used by the worker, as required by Section 26.1(2) of the
Regulations for Construction Projects. This was contrary to Section 25(1)(d)
of the act.
The jail term was imposed by Justice of the Peace Fred Ross of the
Ontario Court of Justice in Kingston.
In a separate matter, following a trial, K.B. Home Insulation Ltd. was
found guilty, as a constructor, of the following two violations of the act in
connection with the worker's fall:
<<
1. Failing to ensure the worker was adequately protected by fall
protection, as required by Section 26.1(2) of the Regulations for
Construction Projects. This was contrary to Section 23(1)(b) of the
act.
2. Failing to ensure the worker was adequately trained in the use of
fall protection, as required by Section 26.2 of the Regulations for
Construction Projects. This was contrary to Section 23(1)(b) of the
act.
Justice of the Peace Fred Ross fined the company a total of $43,000,
including $25,000 on the first count and $18,000 on the second count.
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"
Although this involved a construction project, it could have just as easily been a young worker in tree service sent onto a roof to remove some cut branches. Note that both contractor and subcontractor got dinged concerning this event. Lucky the guy fell into a bin!
opcorn:
