Town & County News

Workplace Fatality Results in $170,000 Fine For 2 Leamington Employers

On January 10, 2022, workers employed by FHES Ontario Ltd., an employment agency located in Leamington, were installing vent glass and vent glass weather strips on a greenhouse roof under construction by Lebo Farms Ltd., a Leamington greenhouse constructor.

While installing the weather strips on the glass window vent panels on the roof of a greenhouse located in Staples, Ontario, a worker was standing on a raised metal aluminium trolley platform known as a glazing cart trolley. This platform had no guardrails on the sides and required workers to use another method of fall protection, such as a fall arrest harness with a retractable lanyard that was to be connected to the platform. During the course of the work, the worker fell through the glass panel, 25 feet to the ground, suffering fatal injuries.

Documentation showed that the worker had successfully completed working at heights and fall arrest training. However, it was determined that while the worker was wearing a fall protection harness, the lanyard was not connected to the platform.

FHES failed to ensure that the worker had received appropriate information and supervision in the use of the installation platform/glazing trolley cart contrary to s.25(2)(a) of the Occupational Health and Safety Act.

Lebo Farms, the greenhouse constructor with overall onsite safety responsibilities, failed to ensure that the worker was wearing appropriate fall arrest protection while on the roof, contrary to s.26.1(2) of Ontario Regulation 213/91, and an offence under s.25(1)(c) of the Occupational Health and Safety Act.

On July 6, 2023, following a guilty plea in the Ontario Court of Justice, Windsor, FHES Ontario Ltd. was fined $70,000 and Lebo Farms Ltd. $100,000 by Judge, Ronald Marion, Ontario Court of Justice. Crown Counsel was David McCaskill. The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

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