A subcontractor in Calgary has been found guilty of safety violation, which involved debris falling from a construction site and penetrating the hood of a vehicle below.
A subcontractor in Calgary has been found guilty of safety violation, which involved debris falling from a construction site and penetrating the hood of a vehicle below.
“Owners, contractors and subcontractors are responsible for taking whatever actions are appropriate to protect the public in and around construction sites,” said Calgary’s chief building official Kevin Griffiths.
“In this case, there was evidence that the subcontractor did not have the necessary controls in place to prevent the drill bit from falling.”
In December 2009, workers with Toro Aluminum Railings Inc. allowed a drill bit to fall 20 storeys from a construction site located at 112, 9 Ave. SW.
The bit hit a vehicle and penetrated the hood.
A $5,000 fine and victim surcharge was levied against Toro.
“Improving safety is an ongoing process and the city will continue to work with provincial and industry partners towards making sure construction sites are as safe as possible,” said Griffiths.
“When controls should have been in place and were not, there will be legal consequences. We can learn from these incidents and work towards putting new controls in place to ensure they do not happen again.”
In Calgary, the municipal building regulation authority has jurisdiction under provincial legislation to investigate construction site incidents that impact public safety. The city can lay charges against owners, contractors and/or subcontractors citing the Alberta Building Code 2006 for allowing an unsafe condition.
By definition, this is a result of “causing, allowing or maintaining an unsafe condition, namely the storage, placement, installation, or disposal of materials at the said building in such a manner that could endanger the life, limb or health of any person who was expected to be about said building.”
Contravention of the Alberta Building Code is an offence under the Safety Codes Act and can result in summary convictions with fines up to $15,000 for the first offense, or up to $30,000 for repeat offenses.
Incidents that impact worker safety are under provincial jurisdiction.
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