By Terry Murphy CLP

A masonry firm, performing a landscape function without locates, struck a propane line. The gas backed up into the house, ignited and destroyed the house. One person died.

The Ministry of Labour fined the company $180,000 and the supervisor $12,000, for negligence. There was a large propane tank on the private property, with no locates considered in the private area around the tank. Apparently, the company drove a large stake into the ground, puncturing the propane line. It seems innocent enough. But the results are not innocent, and considering locates were not obtained, it’s unthinkable. This death could have been prevented.
 

Lessons learned

It may not be enough to just request locates, considering the normal utilities that may exist on a property. If you are digging into the soil in any capacity, it is your responsibility to make sure that there are no underground utilities present. The only way to do this is to obtain locates. Just because the locate company mapped and marked an underground utility entering from the street, it doesn’t mean that there are not other potential hazards on the site. Any contractor breaking the soil needs to look around and make sure that there are not other dangers present. Examples may include lighting, buried fuel tanks, an above-ground accessory (such as an outdoor gas barbecue) or buried item (heater for a pool), etc. All these private area items need to be checked for underground dangers before digging.  
 

Potential liabilities

The case noted above, may not be the end of this sad example. There could be civil action, resulting in charges under the criminal code through Bill C-45. This makes safety violations punishable under the Criminal Code of Canada. Ministry of Labour prosecutions are increasing each year.

The case could just as easily have involved a landscape company. Can you imagine one of our small industry contractors in this situation? Let it be an example that under no circumstances should your company dig without a locate. Over 60 per cent of the utility hits last year in Ontario involved not having locates. Never make the assumption that no other private dangers exist on a site. This should be one of the first questions for your client.

Please inform all your employees about this case, and discuss an action plan to prevent such an occurrence on one of your jobs.

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Please send your comments, suggestions and ideas to tvmurphy@ca.inter.net.