Worker was monitoring water level in a basement reservoir
Home Hardware Stores Limited has been fined $75,000 after a worker was critically injured falling from a ladder at the company's St. Jacobs warehouse, the Ontario government announced.
The company pleaded guilty to violating section 25(1)(c) of the Occupational Health and Safety Act for failing to “ensure fixed stairs or an access ladder were provided where frequent access to elevated equipment was necessary,” as required under section 19 of Ontario Regulation 851/90.
The conviction was registered June 23, 2026, in the Provincial Offences Court in Kitchener.
Justice of the Peace Michael Cuthbertson imposed the fine, with Katie Krafchick as Crown counsel, according to the Ontario government. The court also imposed a 25 per cent victim fine surcharge, credited to a provincial fund assisting victims of crime.
The workplace is located at 34 Henry Street West, St. Jacobs, and is operated by Home Hardware Stores Limited, a home improvement retailer. The offence date is listed as November 3, 2023.
The incident
The worker was responsible for the company's fire management system and was monitoring the water level in a basement reservoir when the incident occurred, according to the Ontario government.
Weekly-operating water pumps lowered the reservoir level, requiring manual refilling while the level was visually monitored to prevent overflow and a false fire alarm.
On Nov. 3, 2023, to reach the reservoir top, roughly 10 feet above ground, the worker used an aluminum shelf ladder rather than fixed stairs or a compliant access ladder. While descending, the worker slipped and fell, sustaining critical injuries.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found the worker had regularly used the same ladder and had not received ladder safety training during orientation.
Regulatory basis for the charge
The charge centred on section 19 of Ontario Regulation 851/90, which requires fixed stairs or an access ladder where frequent access to elevated equipment is necessary. The Ontario government confirmed the company's reliance on a portable shelf ladder, rather than a compliant fixed structure, formed the basis of the violation.
The requirement applies to routine or repeated access to elevated areas, such as the reservoir task at the St. Jacobs facility. The failure constituted a violation of section 25(1)(c) of the
- Occupational Health and Safety Act.
- Corrective Actions Taken by the Company
Following the incident, Home Hardware Stores Limited introduced ladder safety training for employees, the Ontario government said. The company also replaced the shelf ladder with rolling staircase ladders featuring a top standing platform, guardrails, and brakes.
Additional measures included requiring spotters when using the ladders, with signage posted on all units.
The company reassigned responsibility for checking water levels from the injured worker's role to its maintenance team.
