A construction contractor was charged with two counts under the Occupational Health and Safety Act following an accident on October 28, 2009, where a worker was struck by a falling steel beam (soldier pile) that broke free from its tack weld during a vibratory hammer operation.
The first count alleged failure to ensure adequate bracing under Ontario Regulations 213/91.
The second count alleged failure to take every reasonable precaution for worker protection under section 25(2)(h) of the OHSA.
The court dismissed the first count but convicted on the second count, finding that while the multiple-pile welding method was lawful and industry-accepted, the employer failed to take reasonable precautions by positioning workers in a danger zone without proper risk assessment or safety measures.
