A Justice of the Peace has reaffirmed that Ontario's
safety laws are intended to protect not only safe workers, but
also workers who make mistakes, are careless or are
A steel beam that was temporarily welded to a pile broke free
and fell on a worker while another pile was being vibrated into
The company argued that the welder had used the wrong type of
weld, and that the company reasonably believed that the welder
would use the correct weld – a "full" weld.
Justice of the Peace Mackey stated:
"What Deep Foundations, and all other employers must
remember on a daily basis is, and the Spanway Buildings decision
says it well, that 'workplace safety regulations . . . are
intended to prevent workplace accidents that arise when workers
make mistakes, are careless, or are even reckless.' No one is
expected to be perfect, but an employer has a responsibility to be
on top of the safety of their employees, and not just by going
through the motions of manuals and training."
The court found that the employer failed to take the reasonable
precaution of having a professional engineer provide the
requirements for welding where one and/or more pile was tack welded
while another pile was being driven.
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