OHS Prosecution Case Study: $80,000 Working-From-Height Violation

Construction Contractor Fined $80,000 After Two Workers Fall From Platform 

A construction company was fined $80,000 after two employees were injured in a working-from-height incident. The workplace incident occurred in 2022 while two construction workers were setting precast stairs and landings in stair shafts in Ontario. During their work, the employees built a work platform and braced it inside the stair shaft. The employees climbed onto the platform to finish their work on the stairs, but the platform collapsed, leaving both workers with injuries.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the company failed to ensure the platform was strong enough to withstand all loads it was likely to encounter. Such an oversight was contrary to 25(1)(c) of the Occupational Health and Safety Act.

Following a guilty plea, the Ontario Court of Justice in Windsor imposed a fine of $80,000 and a 25% victim fine surcharge.

What Could Have Been Done?

This avoidable incident reinforces the importance of following all provincial and occupational health and safety regulations. Specifically, organizations must routinely conduct robust risk assessments for work tasks, especially those involving working from height. Employers must implement appropriate control measures, such as fall arrest systems, and train employees to identify and reduce workplace hazards. In addition, organizations should provide employees with adequate personal protective equipment and ensure they know when and how to use it.

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