Res 2000 Structures Inc. And Worker Fined $90,000 After Worker Seriously Injured

Niagara Falls, Ont. - Res 2000 Structures Inc., a Cookstown-based company, was fined $85,000 and Tony Cristao, a worker, was fined $5,000 on July 19, 2010, for violating the Occupational Health and Safety Act after a worker was injured.

On March 26, 2008, workers employed by Res 2000 were working on placing panels on the Hilton Niagara building at 6361 Fallsview Blvd. in Niagara Falls. A steel panel that was placed incorrectly had to be moved using a crane while a worker stood on a scaffold to guide it. The crane operator lifted the panel higher than expected, and it passed over the heads of workers before striking the worker standing on the scaffold. The worker fell about four metres (13 feet) into an open stairwell and suffered serious injuries.

A Ministry of Labour investigation found that the scaffold did not have a guardrail. The investigation also found that the panel passed over the heads of workers and did not have guide ropes or tag lines to stop unwanted motion. As well, a safe, agreed upon method for moving the panel was not followed.

Res 2000 Structures Inc. was convicted of:

• Failing to ensure that a scaffold was equipped with a guardrail,
• failing to operate a crane in such a way that its load did not pass over the heads of workers,
• failing to use one or more guide ropes or tag lines to prevent the rotation or uncontrolled motion of a load being hoisted by a crane, and
• failing to take every precaution reasonable in the circumstances for the protection of a worker.

Tony Cristao was convicted of:

• Failing to operate a crane in such a way that its load did not pass over the heads of workers,
• failing to use one or more guide ropes or tag lines to prevent the rotation or uncontrolled motion of a load being hoisted by a crane, and
• operating equipment in a manner that may endanger another worker.

The fines were imposed by Justice of the Peace Mary Shelley. In addition to the fines, the court 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.

Court Information at a Glance

Location:                      Provincial Offences Court

                                    4635 Queen Street

                                    Niagara Falls, ON

Judge:                         Justice of the Peace Mary Shelley

Date of Conviction:     July 19, 2010

Defendants:                 Res 2000 Structures Inc.

                                    Tony Cristao

Matter:                        Occupational Health and Safety

Convictions:                Ontario Regulation 213, Section 135(1)(b) and (c)

                                    Ontario Regulation 213, Section 103(2)

                                    Ontario Regulation 213, Section 179(1)

                                    Occupational Health and Safety Act, Section 25(2)(h)

                                    Occupational Health and Safety Act, Section 28(2)(b)

 

Crown Counsel:           Brian Fukuzawa

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