June 12, 2019 12:30 P.M.
Convicted: O’Connor Electric Ltd, 9 Centennial Drive, Suite #2, Ontario, a provider of electrical services on construction projects; Mike Walker, work crew supervisor.
Location: Electrical room #9, White Oaks Mall, 1105 Wellington Road, London, Ontario.
Description of Offence: Three workers received burns from an arc flash while working on an energized electrical system.
Date of Offence: January 11, 2018.
Date of Conviction: June 10, 2019.
Penalty Imposed:
- Following guilty pleas, Justice of the Peace Sonia Aleong fined O’Connor Electric Ltd. $55,000 and Mike Walker $5,000 in London provincial court. Crown Counsel: Judy L. Chan.
- The court also 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.
Background:
- On January 11, 2018, a six-person crew, including supervisor Mike Walker, were working in electrical room #9 to upgrade the electrical services. The upgrade was to shut down the existing service, install a new switch (disconnect) and new electrical wiring.
- Three workers prepared the service to receive the disconnect.
- While workers installed the disconnect, an arc flash occurred, which meant the system was in fact energized.
- Three workers received electrical burns.
- O’Connor Electric Ltd. failed as an employer to establish and implement written measures and procedures as prescribed in Section 190(2)(a) of Ontario Regulation 213/91 (for Construction Projects).
- Section 190(2)(a) of the regulation provides that an employer shall establish and implement written measures and procedures to ensure that workers are adequately protected from electrical shock and burn.
- Supervisor Mike Walker failed as an supervisor to ensure workers had followed Section 190(4) of the Regulation for Construction Projects.
- Section 190(4) requires “the power supply to the electrical equipment, installation or conductor shall be disconnected, locked out of service and tagged … before the work begins, and kept disconnected, locked out of service and tagged while the work continues.”