Worker's injuries lead to six-figure fine for Ontario employer

Mine worker fell more than four metres from raised platform

BY Jim Wilson 31 Oct. 2022

Ontario employer Cementation Canada Inc. has been fined $110,000 after one of its workers was injured in the workplace.

The underground mine contracting and engineering company must also pay a 25 percent victim fine surcharge as required by the Provincial Offences Act, to be credited to a special provincial government fund to assist victims of crime.

The incident happened on Jan. 27, 2021, when the worker employed by the company was working at the Young Davidson Mine near Matachewan, Ontario.

The worker was washing a raise climber nest, a platform used to blast and drill a large tunnel or opening (raise) that is mined upward. During this process, the worker fell through an opening designed to allow the climber to leave the nest.

The worker fell more than four metres to the ground, suffering multiple injuries from the incident.

While the worker was wearing a full body harness, they were not tied to the fall protection system, according to the Ontario government.

“Section 14(1) of Ontario Regulation 854: Mines and Mining Plants states that a fall arrest system must be used to protect any worker exposed to a fall greater than three metres,” according to the government. “Section 25(1)(c) of the Occupational Health and Safety Act states that the employer must ensure the regulations are followed at the workplace.”

Cementation Canada Inc. pleaded guilty to contravening Section 25(1)(c) of the Occupational Health and Safety Act or failing, as an employer, to ensure that the measures and procedures required by Section 14(1) of Ontario Regulation 854 were carried out.

According to the Canadian Centre for Occupational Health and Safety (CCOHS), an employer must:

Consider the use of passive fall arrest systems first, such as guardrails, or travel restraint or fall-restricting systems.
Make sure workers are instructed in all of the fall-protection methods or systems used and, in the post-fall rescue procedure before being allowed into an area where there is a risk of falling.
Make sure the fall-arresting system consists of the required components, including full body harness, self-retracting lanyard, energy absorbing lanyard or lanyard and energy absorber, and appropriate anchor point or horizontal life line.

Workers must also inspect their personal fall protection system before each use.