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| Donor: |
Office of the Chief Coroner
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| Jurisdiction: |
Ontario |
| Report Title: |
Verdict of Coroner's Jury |
| Individual Presiding: |
Dr. D. Legge, Coroner |
| Place of Inquiry: |
Moosonee |
| Date of Inquiry: |
2002-06-12 |
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| INFORMATION ABOUT DECEASED |
| Name: |
Gerald Scalabrini |
| Occupation: |
Contractor |
| Industrial Sector: |
Construction industry |
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| Date of Accident: |
2001-12-09 |
| Place of Accident: |
9 Bay Road, Moosonee |
| Brief Cause of Death: |
Asphyxiation by compression of chest and by obstruction of upper airway |
| Brief Manner of Death: |
Accident |
- Accident Description:
- On Wednesday September 12th, the owner/employer, Gerald Scalabrini had 3 helpers assisting him including Colin Crawford. The latter was not officially "on the books" and had apparently been asked to operate a backhoe to help Mr. Scalabrini dig a trench on the front lawn. There was no evidence of a formal contract with ORC having been drawn up for this work, though there had been for the weeping tile job around the foundation (now virtually completed except for back filling).
Mr. Scalabrini and Mr. Crawford were evidently at the bottom of the roughly 12 to 15 feet deep (8 by 4 feet length/width) trench between 1320 and 1355h when one of the three assistant workers (who was at the back of the house) came out and noticed that the trench had caved in and no one was visible. It was noted the trench had no supporting bracing (noted by passer by earlier and verified on inspection). Subsequent search and extraction manoeuvres by Moosonee Fire Department with assistance of civilians and police recovered the two men who had been buried. They were found in upright positions, very close to one another. Considerable time was required to slope the edges to sufficient degree for rescuer safety under instruction by the Ministry of Labour inspector who had arrived by air from Timmins.
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- Recommendations Issuing From Inquiry:
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To the Town of Moosonee:
2. To ensure that prior to issuing a construction permit that the contractor is aware of the requirements of the Occupational Health and Safety Act (OHSA) and that the site will be subject to inspection.
3. To host, within a three month period of today's date, a Small Contractors Awareness Session and thereafter every two years. In addition, construction permits shall not be issued except to those contractors who have attended the session or can provide proof of attendance to an equivalent session.
To All Crown Corporations:
To the Ministry of Labour:
- Comments on Recommendations by Coroner:
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To the Town of Moosonee:
2. There was insufficient evidence regarding Mr. Scalabrini's knowledge of requirements under the OHSA relevant to this work site, although it was presumed, based on previous experience (all favourable), that he would have known the requirements. The jury wishes to ensure across the province that such an awareness takes place.
3. The jury accepted suggestions from several witnesses in this attempt to stimulate better awareness, indeed to the point of making these sessions a requirement before a permit is issued. Regarding the latter, it is anticipated the municipality will need to review carefully the powers of the inspector under the Building Code Act, obtaining legal opinion if necessary.
To All Crown Corporations:
To the Ministry of Labour:
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©2012 Canadian Centre for Occupational Health & Safety 