Joint TSSA and Ministry of Labour prosecution successful following elevator fatality
TORONTO, Feb. 27, 2019 /CNW/ - The Technical Standards and Safety Authority (TSSA) and Ministry of Labour (MOL) have jointly prosecuted the Toronto Standard Condominium Corporation No. 1703 (TSCC No. 1703) and Events at One King West Ltd. (Events), for offences arising out of an incident on a freight elevator which led to the death of a worker in November 2016.
A worker from Events was fatally injured in a freight elevator incident at 1 King St. West, Toronto. The property is owned and the elevator is licensed by TSCC No. 1703.
According to an agreed statement of facts accepted by the Ontario Court of Justice, the victim sustained a fatal blunt impact injury to his head when an unapproved replacement cord snapped, causing the upper portion of the elevator's outside door to unexpectedly fall.
TSCC No. 1703 subsequently pled guilty to permitting operation of a freight elevator without ensuring the necessary repairs had been made, a contravention of the Elevating Devices Regulation (Ontario 209/01) under the Technical Standards and Safety Act. TSCC was fined $100,000, plus the mandatory 25% victim fine surcharge, for a total $125,000.
Events, owned by TSCC No. 1703, pled guilty to failing to ensure the freight elevator was maintained in good condition, contrary to the Occupational Health and Safety Act. Events was also fined $100,000, plus the mandatory 25% victim fine surcharge, for a total of $125,000.
"A clear message was sent today to both the Toronto Standard Condominium Corporation 1703 and to Events at One King West," said Roger Neate, TSSA's Director of Elevating and Amusement Devices. "Owners will be held accountable when they allow an elevator to be operated without ensuring the necessary repairs are made or that the necessary maintenance is performed."
The Technical Standards and Safety Authority (TSSA) is one of Ontario's public safety regulators mandated by the Government of Ontario to enforce provincial safety regulations and enhance public safety. Throughout Ontario, TSSA regulates the safety of amusement devices, boilers and pressure vessels, elevating devices, fuels, operating engineers, ski lifts, and upholstered and stuffed articles. Its range of safety services include public education and consumer information, certification, licensing and registration, engineering design review, inspections, investigations, safety management consultation, and enforcement and prosecution activities. The organization's vision is to be a valued advocate and recognized authority in public safety.
SOURCE Technical Standards and Safety Authority
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