Worker Dies on a Barn Roof — Hendrik Jan Van Ginkel Construction Fined $60,000

The Equipment Was on Site — What Happens When Fall Protection Is Available But No One Uses It

Let's talk about what happened at a dairy farm at 155532 15th Line in Thamesford on December 7, 2023. Hendrik Jan Van Ginkel Construction was building a barn at the property. A worker contracted by the company was on the roof, installing strapping across the roof trusses. The worker was approximately 30 feet above the ground — more than nine metres — positioned above the open truss framing. At that height, a fall through the framing meant a drop of 30 feet to the ground below. There was no fall protection in use. The equipment was on site. No one was wearing it. There was no supervisor on this project. The company had a written fall protection policy. But there were no formal fall protection procedures implemented for this job — nothing that translated the policy into actual practice on the roof that day. The worker fell through the truss framing to the ground below and sustained fatal injuries. Hendrik Jan Van Ginkel Construction pleaded guilty in the Ontario Provincial Offences Court in Woodstock and was fined $60,000 plus a 25% victim fine surcharge.

What the Law Requires

Section 26.1(2) of Ontario Regulation 213/91 (Construction Projects): 'A worker who is exposed to the hazard of falling more than 3 metres shall be protected by a method of fall protection.' Basically, what this means is simple: at 30 feet — more than nine metres — fall protection is not optional. It is not subject to supervisor discretion or worker preference. It is the law. And under Section 25(1)(c) of the OHSA, the employer must ensure the prescribed measures are carried out. That obligation does not disappear when a supervisor is absent. It disappears only when the worker is protected. A written fall protection policy in the office does not protect a worker on a roof 30 feet in the air. Fall protection equipment in the back of a truck does not protect a worker on a roof 30 feet in the air. Only a fall protection system in use — properly attached, properly anchored, properly worn — meets the legal standard. In the court's view, this was a fatal and foreseeable outcome of sending a worker to perform work at height without supervision, without procedures, and without fall protection in use. The conviction and $60,000 fine reflect the court's assessment of that failure.

What Supervisors Must Do

• Never allow a worker to begin work at height without first confirming that fall protection is in place and properly attached — equipment being on site is not the same as equipment being used
• Assign a named supervisor to every project where workers will be working above three metres — someone with supervisory authority must be present when elevated work is underway
• Conduct a fall hazard assessment before any roof work begins: identify every location where a worker could fall more than three metres, specify the required fall protection system for each location, and communicate it to the crew before work starts
• Confirm anchor points before workers ascend — a harness without an adequate anchor point is not fall protection
• Keep asking: 'Before anyone goes above three metres on this site — is their fall protection connected and anchored, and have I confirmed this in person?'

What Employers Must Do

• Write job-specific fall protection procedures for every type of elevated work your crews perform — barn construction, agricultural structures, and roof truss installation have distinct configurations that require specific planning
• Assign a named, qualified supervisor to every project involving work above three metres — this must be documented and the supervisor must be on site when elevated work is happening
• Develop pre-job fall protection plans for every elevated task that identify heights, anchor point locations, required equipment, and inspection requirements — reviewed with the crew before work begins
• Require pre-use inspection and verification of fall protection equipment before every elevation — workers must confirm equipment is serviceable and properly attached
• Provide training that goes beyond policy acknowledgement: workers must be trained in the correct selection, use, inspection, and anchor requirements for the specific fall protection systems used on your job types
• Audit your current worksites: if fall protection equipment is 'on site' but not being used by workers above three metres, your program has failed — this case shows the consequence

How to Use This Case in Your Workplace

This case is a powerful safety conversation starter. Use it during pre-job safety meetings before any roof, truss, or elevated agricultural construction work; fall protection training sessions; supervisory training on the obligation to be present during elevated work; and JHSC meetings reviewing fall protection compliance on active projects. Walk your crew through this case before any barn or agricultural structure project and ask: 'Where on this structure will workers be above three metres, and what fall protection system is required at each of those locations?' 'Is our fall protection equipment inspected, on site, and in the hands of workers doing elevated work — not just in the truck?' 'Who is the named supervisor for this project, and are they on site when elevated work is happening?' 'What is our stop-work trigger if we see a worker at height without fall protection engaged?' This case reinforces a simple message: the equipment being on site is not the same as the worker being protected. Fall protection means fall protection in use.