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Workers Health & Safety Centre
15 Gervais Dr., Suite 802
Toronto, Ontario, M3C 1Y8
Tel: 416.441.1939
Toll free: 1.888.869.7950
Fax: 416.441.1043
Dave Killham,
Executive Director

What's News

July 27, 2011  Back to Index
Construction contractor fined for obstructing an MOL inspector and providing false information

The owner of a Mississauga-based construction contractor business was fined $26,000 for multiple violations of the Occupational Health & Safety Act (the Act) and the Regulation for Construction Projects (Ont. Reg. 213/91).

According to the Ministry of Labour (MOL), an inspector visited a house construction site and observed violations of the Act ranging from working at heights without fall or head protection to an unprotected basement opening. When the owner of the business arrived on-site he refused to answer any questions and then left the premises. The inspector returned 10 days later and the owner again violated the Act by providing false information.

The owner was fined a total of $26,000 after being found guilty of multiple violations including obstructing an inspector ($10,000) and providing false information ($10,000).

 
Occupational Health & Safety Act
Section 62.(1)62(3)(a)
 
62. (1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act or the regulations or in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations. 2001, c. 26, s. 4.
62. (3) No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information required by an inspector,
(a) in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations;
 
 
Regulations for Construction Projects
Section 22(1)23(1)26.1(2)26.3(2)70.(1)77.(2)
 
22.  (1)   Every worker shall wear protective headwear at all times when on a project. O. Reg. 213/91, s. 22 (1).
23.  (1)   Every worker shall wear protective footwear at all times when on a project. O. Reg. 213/91, s. 23 (1).
26.1  (2) Despite subsection (1), if it is not reasonably possible to install a guardrail system as that subsection requires, a worker shall be adequately protected by at least one of the following methods of fall protection:
1.   A travel restraint system that meets the requirements of section 26.4.
2.   A fall restricting system that meets the requirements of section 26.5.
3.   A fall arrest system, other than a fall restricting system designed for use in wood pole climbing, that meets the requirements of section 26.6.
4.   A safety net that meets the requirements of section 26.8. O. Reg. 145/00, s. 12; O. Reg. 85/04, s. 5 (1).
 
26.3 (2)  One of the following precautions shall be used to prevent a worker from falling through an opening on a work surface:
1.  A guardrail system that meets the requirements of this section.
2.   A protective covering that,
i.   completely covers the opening,
ii.  is securely fastened,
iii . is adequately identified as covering an opening,
iv. is made from material adequate to support all loads to which the covering may be subjected, and
v.   is capable of supporting a live load of at least 2.4 kilonewtons per square metre without exceeding the allowable unit stresses for the material used. O. Reg. 145/00, s. 14.
 
70. (1) Access to and egress from a work area located above or below ground level shall be by stairs, runway, ramp or ladder. O. Reg. 213/91, s. 70 (1).
77. (2)  Stairs shall have,
(e) a securely fastened and supported wooden handrail on the open sides of each flight; and  

The Workers Health & Safety Centre offers a range of training programs to help employers, supervisors, workers and others in the construction sector understand their duties and responsibilities outlined in the Act and the Regulation for Construction Projects.

Want to know about the WHSC’s Fall Protection and Work at Heights training?

Want to know about other WHSC training programs or training assessment services call 1-888-869-7950 or contacta WHSC near you and ask to speak to a training service representative.

Want more information about this and other recent MOL prosecutions?(see employer fined $26,000 total after multiple convictions, June 30, 2011).


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