Worker's fall protection harness was not fastened
Two employers in Leamington, Ontario have been fined a total of $170,000 following a workplace fatality that occurred on January 10, 2022. FHES Ontario Ltd., an employment agency, and Lebo Farms Ltd., a greenhouse constructor, were found guilty of violating safety procedures, resulting in the tragic death of a worker. The conviction was made under the Occupational Health and Safety Act.
The incident took place at 429 Mersea Rd. 8 in Staples, Ontario, where workers employed by FHES Ontario Ltd. were installing vent glass and weather strips on a greenhouse roof under construction by Lebo Farms Ltd. The worker, who was installing weather strips on the glass window vents of the greenhouse roof, suffered fatal injuries after falling 25 feet to the ground. It was discovered that their fall protection harness was not fastened, contrary to safety procedures.
The court proceedings revealed that the worker involved in the incident had completed working at heights and fall arrest training. However, it was determined that the worker's fall protection harness was not connected to the glazing cart trolley platform they were using at the time of the accident.
FHES Ontario Ltd. was found to have failed to provide appropriate information and supervision regarding the use of the installation platform/glazing trolley cart, which is contrary to section 25(2)(a) of the Occupational Health and Safety Act.
Lebo Farms Ltd., as the constructor with overall onsite safety responsibilities, was found guilty of failing to ensure that the worker was wearing appropriate fall arrest protection while on the roof, contrary to section 26.1(2) of Ontario Regulation 213/91 and section 25(1)(c) of the Occupational Health and Safety Act.
As a result of their conviction, FHES Ontario Ltd. was fined $70,000, and Lebo Farms Ltd. was fined $100,000. In addition to the fines, a 25% victim fine surcharge was imposed, as required by the Provincial Offences Act. The surcharge will be credited to a special provincial government fund to assist victims of crime.
The Ministry of Labour, Immigration, Training and Skills Development reminds employers to prioritize workplace safety and adhere to the prescribed safety measures to prevent accidents and fatalities.
The conviction of FHES Ontario Ltd. and Lebo Farms Ltd. serves as a reminder to all employers about the importance of implementing and enforcing proper safety protocols to protect their workers.
