fines

$10,000 Fine

October 29, 2012 by Kodiak Drilling

No Locates = Fine

A TSSA press release advises of a recent fine imposed on an Ontario contractor for not obtaining proper locates. The contractor reportedly struck the gas pipeline with a backhoe than crimped it with vice grips. You can read the press release by clicking Press Release. A couple of quotes from the information caught our eye:

“It was sheer luck that no one was injured in this incident”

“…..TSSA will aggressively prosecute contractors who don’t follow the regulations requiring them to obtain locates and endangering public safety…”

From the Courts….

December 20, 2011 by Kodiak Drilling

Charged and Convicted

From the legal files, we have a recent conviction and some new charges:

Convicted

October 2011 – An Employer and supervisor pleaded guilty to a charge under section 228(1)(a) of Ontario Regulation 213/91 resulting in fines of $20,000 and $2,500 respectively. This was the result of an incident investigation from April 2010 where workers hit a 1 ¼” natural gas line while excavating at a residence in St. Catharines. It was determined that locates were not performed prior to beginning the excavation.

May 2011 – Two employers on the same project plead guilty to charges under section 228(1)(a) of Ontario Regulation 213/91 and received fines of $6500 and $20,000. This was the result of an incident investigation from August of 2008 where a gas line was cut during and excavation for an electrical duct at an institutional project in Milton.

Charged

October 2011 – A worker was issued a summons – issued under section 228(1)(b) of O. Reg. 213/91 (a section related to utility locates). We will stay tuned to see if this worker is convicted.

Follow up

A follow up to our article regarding private locates and the explosion that killed one person near Owen Sound – In reviewing Ministry of Labour Court Bulletins, we came across the guilty plea of the construction company with a an imposed fine of $225,000. The press release can be found by clicking press release. As a reminder, this incident involved a house where private locates had not been completed. More information can be found in our Feature Article on private locates at houses in the utility locate section of our articles.

Ministry of Labour Court Bulletins can be found by clicking Court Bulletins.

Information courtesy Ontario Ministry of Labour

Bloor Street Explosion Update

December 20, 2011 by Kodiak Drilling

Over $1 million Fines

In a previous post, we indicated that a new trial had been ordered for Enbridge in the Bloor Street explosion. For those who have forgotten, this was an explosion that leveled a building and killed 7 people because the utility locates were not completed properly. We have posted below, information from that release as well as a link to the full press release. As outlined, the fines related to this incident now total over $1 million. We have heard rumors that a full inquiry may be the next step in this saga.

FOR IMMEDIATE RELEASE (Toronto, ON, December 16, 2011) Enbridge Gas Distribution Inc. pled guilty to a charge under the Technical Standards and Safety Act, 2000 (the Act) for its role in a natural gas explosion on April 24, 2003 at 3887 Bloor St. West in Toronto that killed seven people, seriously injured four others, destroyed a two-story commercial and residential building, and caused extensive damage to adjacent properties.

The Ontario Provincial Offences Court imposed a fine of $350,000 plus a 25% victim surcharge of $87,500 for a total fine of $437,500 against Enbridge for failing to provide as accurate information as possible regarding the location of underground natural gas pipelines as required under the Act.

To read the full news release, please click here

Utility Locates – Conviction

February 9, 2011 by Kodiak Drilling

No Locates – Convicted

An Ontario firm was convicted in December and fined $5,000 (plus 25% victim surcharge) for failing to obtain proper locates prior to undertaking their work, which resulted in hitting a gas line. You can view the TSSA press release with more information by clicking here

MOL Charges

September 14, 2010 by Kodiak Drilling

MOL Charges – Utility Locates

Over the May-June-July 2010 period, the Western Region of the Ministry of Labour (MOL) (southwestern Ontario – does not include Toronto) imposed charges under Section 228 of the Construction Regulation of the Occupational Health and Safety Act. This section of the regulation is outlined below:

228. (1) Before an excavation is begun,

(a) the employer excavating shall ensure that all gas, electrical and other services in and near the area to be excavated are located and marked;

(b) the employer and worker locating and marking the services described in clause (a) shall ensure that they are accurately located and marked; and

Charges laid over that 3 month period include 2 charges to employers, 1 charge to a supervisor, and 2 charges to workers.

In addition, the Ministry of Labour also provided the following summaries of cases determined during this period.

“An Employer plead guilty to a charge under section 228(1)(a) of Ontario Regulation 213/91 resulting in a fine of $6,500. This was the result of a power line contact from August of 2009 where a 110V line was damaged as a result of excavating without locates for a new residential foundation project in Kitchener.”

“An Employer plead guilty to a charge under section 25(2)(h) of the Occupational Health and Safety Act R.S.O. 1990 c.01 which resulted in a fine of $60,000. This was the result of an incident investigation from August of 2006 at a project in Welland, where workers were drilling holes into the ground when they made contact with an unmarked gas line causing an explosion. It was determined that the locates failed to show the gas line that was ultimately struck.”

We have thus far been unable to obtain the data for MOL charges related to locate problems for Toronto. Our attempts to obtain data from the TSSA related to their charges and orders have been unsuccessful.