Workers Health & Safety Centre

Inadequate work plan leads to critical injury and convictions

An Ontario employer and supervisor must pay $327,500 after being convicted of Occupational Health and Safety Act violations which caused a worker to suffer a critical injury.

On September 25, 2022, workers were installing copper leads on a de-energized powerline working from a double bucket insulated boom truck. As one of the workers handed the end of a copper lead to the other, they dropped their end which contacted a powerline below them that was still live. The worker still holding their end of the lead suffered a critical injury.  

Employer and supervisor competence questioned

An investigation found several safety failures by the employer and supervisor, including an incomplete work plan that did not identify hazards specific to the work location. They also failed to use a cover-up barrier or otherwise control potential for contact with the energized line. In addition, the supervisor was identified on the job plan as a designated observer, but it was not acted upon.

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According to an Ontario government court bulletin published on January 15, 2025, the company plead guilty to failing to ensure work performed on or near electrical transmission or distribution systems was performed in accordance with section 132 of the Electrical Utility Safety Rules (EUSR) as required by section 181 of the Construction Project Regulation (O. Reg 213/91), contrary to section 25(1)(c) of the Occupational Health and Safety Act (OHSA). The supervisor plead guilty for failing to take every reasonable precaution to prevent hazards to workers from energized electrical equipment, installations and conductors, as required by section 183 of the Construction Project Regulation, contrary to section 27(1)(a) of the OHSA.

The employer was fined $250,000 and the supervisor $12,000. Both must also pay an additional 25 per cent surcharge credited to a special government fund to assist victims of crime.

Mandatory training and competent supervision  

Employers have a general duty under the OHSA to provide workplace-specific information, instruction and supervision to a worker to protect their health and safety. This includes the employer duty to acquaint a worker or a person in authority over a worker with all hazards.

Employers must also appoint a competent person as a supervisor. Competency is defined in the OHSA as a person who is qualified because of knowledge, training and experience to organize the work and its performance; is familiar with the OHSA and regulations that apply to the work; and has knowledge of any potential or actual danger to health or safety in the workplace. This must include completing occupational health and safety awareness training (O. Reg. 297/13). This training must be completed within one week of performing work as a supervisor and must address a wide range of topics, including their significant obligations to protect workers and how to recognize, assess and control workplace hazards. 

WHSC can help

Workers Health & Safety Centre (WHSC) is Ontario’s only government-designated health and safety training centre and a leading provider of mandatory and essential training. This includes Supervisor Health & Safety Training that meets and exceeds mandatory training standards.

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Unsure of your workplace training needs? Contact a WHSC training service representative near you who will be happy to help.

Do you need training in French? Contact WHSC representative Christopher Gervais at cgervais@whsc.on.ca or 613-407-2187.

Want to read more about this court case?
Power Company and Supervisor Fined $262,000 After Critical Workplace Injury

Related resources
Construction Project Regulation (O. Reg 213/91)
Shortcuts kill worker! Supervisor competency on trial!
Supervisor negligence leads to worker death AND prison sentence

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