Ministry of Labour, Immigration, Training and Skills Development | Following a guilty plea in the Provincial Offences Court in Ottawa, Above Water has been fined $75,000 and ordered to pay a 25% victim fine surcharge as required by the Provincial Offences Act after a worker was injured in an explosion while they were applying a flammable adhesive in a trench.
Above Water was contracted to perform foundation repair and window well system installation at a residential property in Ottawa.
On the day of the incident, 30 August 2023, a worker was applying Henry Blueskin Adhesive to a rear foundation wall. Henry Blueskin Adhesive is a flammable liquid that can produce ignitable vapours.
The worker was at the bottom of an un-shored trench that was approximately eight feet deep and three feet wide.
While they were applying the adhesive, an explosion occurred within the trench. The worker was injured.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that the flammable liquid was producing ignitable vapours in the trench while no atmospheric monitoring or ventilation was being used.
As a result, Above Water failed to ensure the work area was properly ventilated to prevent an explosive atmosphere from developing, contrary to section 46(1)(b) of Ontario Regulation 213/91 (Construction Projects) and section 25(1)(c) of the Occupational Health and Safety Act.
