Worker falls after plywood that covered an opening had been removed
Alberta employer Graham Construction and Engineering Inc. has been fined $110,000 in total penalties – including a $1,000 fine inclusive of the 20 per cent victim fine surcharge – after one worker was injured in the workplace.
Under a creative sentence, the company was ordered to pay $109,000 to the Southern Alberta Institute of Technology (SAIT) to subsidize safety-related construction courses. The Occupational Health and Safety (OHS) Act provides a creative sentence option in which funds that would otherwise be paid as fines are directed to an organization or project to improve or promote workplace health and safety.
The incident happened on Dec. 10, 2021 at a Calgary construction site. A worker was on a roof and plywood that covered an opening had been removed. The worker fell 4.5 metres through the opening, suffering serious injuries.
“Graham Construction and Engineering Inc., as an employer, pleaded guilty to one count under the Occupational Health and Safety (OHS) Code for failing to ensure that a temporary cover used to protect an opening was clearly marked to indicate the nature of the hazard,” said the Alberta employer.
The company was sentenced on Jan. 31 in the Calgary Court of Justice. The Crown withdrew six other charges under OHS legislation. The Crown also withdrew seven charges each against two other Graham-related entities.
Both the company and the Crown have up to 30 days to appeal the conviction or penalties.
How do you prevent falls in the workplace?
According to the Alberta OHS, an employer must develop procedures in a fall protection plan for a work site if a worker at the work site may fall three metres or more and the worker is not protected by guardrails.
A fall protection plan must specify
- the fall hazards at the work site,
- the fall protection system to be used at the work site,
- the anchors to be used during the work,
- that clearance distances below the work area, if applicable, have been confirmed as sufficient to prevent a worker from striking the ground or an object or level below the work area,
- the procedures used to assemble, maintain, inspect, use and disassemble the fall protection system, where applicable, and
- the rescue procedures to be used if a worker falls and is suspended by a personal fall arrest system or safety net and needs to be rescued.
The employer must ensure that the fall protection plan is available at the work site and is reviewed with workers before work with a risk of falling begins. The employer must also ensure that the plan is updated when conditions affecting fall protection change.
“Alberta’s OHS laws set basic health and safety rules for workplaces across the province,” said the Alberta employer. “They provide guidance for employers to help them ensure their workplaces are as healthy and safe as possible while providing rights and protections for workers. Charges under OHS laws may be laid when failing to follow the rules results in a workplace fatality or serious injury.”
