Two Leamington, Ont., employers fined more than $200K after worker killed at greenhouse
July 17, 2023
By
OHS Canada
Working at heights has been identified as the top risk facing the greenhouse industry in Ontario. (Adobe Stock)
Two employers in Leamington, Ont., have been killed after a worker was killed while installing weather strips on the roof of a greenhouse in nearby Staples, Ont.
On Jan. 10, 2022, workers employed by FHES Ontario Ltd. were installing vent glass and vent glass weather strips on a greenhouse roof under construction by Lebo Farms Ltd.
One worker was using a raised metal aluminium trolley platform, known as a glazing cart trolley, to stand on while installing the weather strips on the glass window vent panels on the roof of the greenhouse.
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, one of the workers 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 as an employer did not 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, as the constructor with overall onsite safety responsibilities, did not 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.
Following a guilty plea, FHES Ontario Ltd. was fined $70,000 and Lebo Farms Ltd. $100,000. The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act, bringing the total fines to $87,500 and $125,000 respectively.
The surcharge is credited to a special provincial government fund to assist victims of crime.
