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Alberta Court Triples Safety Penalty
Excerpt from the OH&S Canada magazine
An Alberta court has more than tripled the fine issued against an employer last year in connection with a deadly work-related accident, concluding the lower court imposed an “unfit” sentence.
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Two Companies and Supervisor Fined $116,000 for Health and Safety Violation
Excerpt from the Government of Ontario’s ‘Newsroom’
Paris Holdings (2113467 Ontario Inc.) and Sergerie Mechanical (1633777 Ontario Inc.), both Cornwall-based companies, were fined $60,000 and $50,000 respectively on July 14, 2010, for violations of the Occupational Health and Safety Act that caused injuries to a worker. Supervisor Tim Sergerie was fined $6,000 for a related offense.
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Furfari Paving Co. Ltd. Fined $110,000 after Worker Killed
Excerpt from the Government of Ontario’s ‘Newsroom’
Furfari Paving Co. Ltd., a Toronto-based company, was fined $110,000 on July 13, 2010, for a violation of the Occupational Health and Safety Act after a worker was killed.
On July 30, 2008, two workers employed by Furfari were operating an asphalt road milling machine, otherwise known as a “grinder,” to remove the top layer of asphalt from a section of Dixie Rd. between Eglinton Ave. and Matheson Blvd. in Mississauga. Other machines were in use nearby, including a pavement cutter operated by a third worker, who was cutting and sealing cracks in the wake of the grinder. The two workers finished removing the top layer of asphalt and operated the grinder in reverse. When they stopped, they saw that the third worker had been caught underneath the grinder and crushed.
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Metro Ontario Inc. Fined $100,000 after Worker Injured
Excerpt from the Government of Ontario’s ‘Newsroom’
The grocery store operator Metro Ontario Inc. was fined $100,000 on July 9, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker.
On January 18, 2009, a worker at the company’s location in North Bay was using a band saw to cut beef in the meat department. The worker’s hand slipped towards the moving blade, and the blade partially amputated some of the worker’s fingers.
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Kone Inc. Fined $90,000 after Worker Injured
Excerpt from the Government of Ontario’s ‘Newsroom’
Kone Inc., an elevator and escalator manufacturer, was fined $90,000 on July 7, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker.
On September 11, 2008, a worker was fixing the circuit board for an elevator at the University of Western Ontario. The worker was on a ladder in the pit and shaft area of the elevator while the elevator’s power was still on. The worker was not using rubber gloves, mats, shields or other equipment to protect against electrical shock. The worker touched the back of the circuit board, received an electrical shock, and fell to the concrete floor of the pit. The worker suffered wrist and facial fractures.
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Paper Mill Owner-Operator Fined $125,000 after Workers and Student Injured
Excerpt from the Government of Ontario’s ‘Newsroom’
Abitibi Consolidated Company of Canada, owner and operator of a paper mill in Fort Frances, was fined $125,000 on July 9, 2010, for a violation of the Occupational Health and Safety Act that caused injuries to two workers and a student.
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Contractors Fined $125,000 Total after Worker Injured
Excerpt from the Ontario Government’s ‘Newsroom’
Bondfield Construction Company Limited and BMC Masonry (2032686 Ontario Limited), both of Concord, yesterday were fined $75,000 and $50,000 respectively for violations under the Occupational Health and Safety Act (OHSA) after a worker was injured.
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Tri City Materials Ltd. Fined $60,000 after Worker Injured
Excerpt from the Government of Ontario’s ‘Newsroom’
Tri City Materials Ltd., a company that works with aggregates, was fined $60,000 on July 6, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker.
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Contractors and Supervisors Fined $126,000 Total after Worker Injured
Excerpt from the Ontario Government’s ‘Newsroom’
Rosati Construction Inc. of Windsor and supervisor Matteo Romano were fined $60,000 and $3,000 respectively on May 20 for violations under the Occupational Health and Safety Act (OHSA) after a worker was injured.
Keller Roofing & Sheet Metal Inc. of Exeter and supervisor Joseph Gower were also fined $60,000 and $3,000 respectively on March 25 in the same matter.
On July 29, 2008, a Keller worker was injured after falling through an opening in a roof at a construction project at 4025 White Oak Rd., London. The worker fell about six metres onto a gravel pile.
A Ministry of Labour investigation found that the worker had no fall protection after plywood used to cover the opening had been removed.
Constructor Rosati Construction Inc., employer Keller Roofing & Sheet Metal Inc. and supervisors Matteo Romano and Joseph Gower pleaded guilty to failing to ensure that the worker was adequately protected from falling while the plywood covering was removed temporarily from the opening in the roof.
The fines were imposed by Justice of the Peace Robert Gay. 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.
The law(s) broken
The constructor, Rosati Construction Inc. out of Windsor and Keller Roofing, along with the supervisors from both companies, was charged with violating section 26.3(3) which states,
“The guardrail system or protective covering required under subsection (1) or (2) may be removed temporarily to perform work in or around the opening if a worker is adequately protected and signs are posted in accordance with subsections 44(1) and (2).”
Fall Protection, what is it all about? ‘Fall Protection’ covers the recognition of all fall hazards and ensure that all workers are adequately protected. Fall Protection is divided into two categories;
1) Fall Prevention
2) Fall Arrest
‘Fall Prevention’ covers all kinds of things such as;
a) Guardrails
b) Floor covers
When ‘Fall Prevention’ is not feasible then ‘Fall Arrest’ is required. ‘Fall Arrest’ covers such things as;
1) Body harnesses
2) Retractables or ‘Fall Limiters’
3) Shock-absorbing lanyards
4) Lifelines and rope grabs for ‘Fall Restraint’ systems
HRS Group Inc., created a 7 part miniseries concerning the Ontario ‘construction’ regulation 213/91 version of ‘Fall Protection’. Please read the appropriate blog postings that cover ‘Fall Protection’ and incorporate the information into your companies ‘Fall Protection’ program.
It is too bad that Rosati Construction Inc. and Keller Roofing failed the employee and didn’t ensure his safety. A safe workplace is a productive workplace.
The MOL is working diligently to ensure that ALL workplaces are safe places. Companies not understanding their responsibilities drive the costs of healthcare sky high and we all are affected by the increases. I do hope my blogs do not fall on deaf ears and people take away any information I have created to help them with the health and safety policies in their particular workplace.
Health and safety in the workplace is not just a phrase but a frame of mind. If all employers would incorporate safety into the planning stages of the business, it is a proven fact that the company would be more productive as injuries would be down and lost time disruptions would be at a minimum, and productivity would be very manageable.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
VP & Senior Trainer
HRSGroup Inc.
Town Fined in Deadly Trench Collapse
Excerpt from the OH&S Canada Magazine
The Town of New Glasgow in Nova Scotia must pay $25,000 and various other penalties following a trench collapse two years ago that claimed the life of a worker.
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