Ontario employer and subcontractor fined $95,000 and $12,500
Courts fined an Ontario employer and subcontractor $95,000 and $12,500 after a worker’s death.
What did the Ontario employer do?
Tolin Enterprises Inc. is a general contractor that employed CAM Construction as its subcontractor. On Feb 14, 2011, CAM Construction’s workers were working at a residential site in Toronto, installing a structural steel beam. A worker was trying to check whether the beam was level using a ladder. Moreover, that’s when the worker lost balance, grabbed the beam, and fell down. Further, the beam fell, striking the worker, who sustained a fatal injury.
What offense did the employer and subcontractor commit?
Employer – Tolin Enterprises Inc.
- Tolin Enterprises Inc. pleaded guilty to failing as an Ontario employer to ensure:
- Being part of the project, the structural steel beam should have been braced adequately. In that case, it would have prevented any movement that could impact the stability of the brace, causing it to fall.
- That adequate measures were taken as an employer for workers’ safety. This would include ensuring that temporary structures are braced.
Subcontractor – CAM Construction
- As a direct employer of the deceased worker, CAM Construction pleaded guilty to failing as an employer to:
- Take all reasonable precautions in the given circumstances to protect its workers.
- Provide its workers with a safe installation procedure for installing the overhead structural steel beam, which would have helped protect the worker.
A subcontractor OHS management system can help
4SafeCom™ Subcontractor Management System is a live information-sharing platform. In fact, an employer can manage subcontractors’ OHS documents efficiently using the system. Moreover, the subcontractor OHS management system is useful for both the employer and subcontractor. Some of the key attributes of the system are listed below:
Review and acknowledgement of policies
The employers using the System can request subcontractors to review and acknowledge company policies and procedures. Therefore, this ensures higher awareness. Consequently, this improves workplace safety.
Review training records and notifications for expired records
Employers can use the 4SafeCom™ Subcontractor Management System to review training records of subcontractors using. Moreover, the employers can receive notifications through the System when training records are about to expire or have expired. Further, the System alerts you in case of expiry of OHS documents such as WSIB clearance certificate, workers’ compensation documents, and general liability insurance.
The System allows employers to perform site-specific orientation for subcontractors. Moreover, employers can create a customized orientation program. Further, subcontractors can complete the orientation before commencing site work.
Easier OHS document management
The System uses simple dashboards. Therefore, this would allow subcontractors’ site workers and site supervisors to manage the OHS documents easily using their mobile phones or tablets. If you want to know more about managing OHS risks of having subcontractors working at your site, come to the 4S Subcontractor Management Seminar. CLICK HERE to register
Ontario has increased maximum fines to strengthen OHS compliance
In a move to improve workplace safety for workers in the province, Ontario has increased the maximum fines for individuals and organizations that do not abide by the mandated workplace health and safety standards. Hence, the Ontario government is increasing the chances of companies complying with the requirements of the OHSA.
Here are the maximum fines as per OHSA effective Dec 14, 2017:
- $100,000 for individual or unincorporated business, which had not changed since 1979 ($25,000 earlier)
- $1,500,000 for corporations, which had not changed since 1990 ($500,000 earlier)
Other change by Ontario includes:
- Changing the time limit to allow for prosecution from one year from the date of the offence to one year from the date an inspector becomes aware of an alleged offence.