OHS Prosecution Case Study: Flooring Company Fined After Employee Exposed to Carbon Monoxide

OHS Prosecution Case Study: Flooring Company Fined After Employee Exposed to Carbon Monoxide

$70,000  Poisonous Gas Exposure Violation

A flooring company was fined $70,000 after pleading guilty to a violation that resulted in an employee suffering from carbon monoxide poisoning. The incident occurred on Jan. 4, 2023, when an employee was coating and polishing concrete floors at a construction project for a new warehouse in London, Ontario. The polishing machine the employee used was powered by an internal combustion engine that burned propane. After running the machine for approximately 2.5 hours, the worker began to feel unwell and lost consciousness due to carbon monoxide exposure, suffering a severe injury in the process.

It was determined that the company failed to properly ventilate the room where the employee was working, violating occupational health and safety (OHS) regulations. On July 11, 2024, the company pleaded guilty to violating subsection 25(1)(c) of the OHS regulations and subsection 47(2) of Ontario Regulation 213/91. In addition, the company did not report the incident for six days, contrary to section 51(1) of the OHS Act. The company was fined $70,000 and had to pay a 25% victim fine surcharge.

What Could Have Been Done?

Such an accident serves as a cautionary case about the importance of following all provincial and OHS regulations. Specifically, it’s essential to properly ventilate working environments and train staff on safely using equipment, including propane-powered machines.

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