A pipefitter told the foreman the bolts weren't right for the job. They didn't have the proper hardware on site. The foreman's instruction: use what you have in the interim — the right bolts are coming.
A few days later, a crew repositioned the pipe skids. One side of the pipe was supported by a chain fall. The other side was still held by the wrong bolts. When the pipe was lifted slightly to create clearance, the south connection failed. The pipe fell. A worker was injured.
This is the story of Trade-Mark Industrial Inc.'s conviction — and what Ontario's courts say about "temporary" workarounds when structural support is involved.
What Happened
Trade-Mark Industrial Inc., a Cambridge contractor specializing in millwrighting, rigging, piping, and HVAC services, was hired to perform maintenance work at Gerdau Ameristeel Corporation's industrial facility at 1 Gerdau Court in Whitby.
Part of the work involved installing a butterfly valve on a section of horizontal cooling pipe. The pipefitter assigned to the task discovered that the bolts available on site were not the correct specification for the job. They told the foreman. The foreman's response was to proceed with the incorrect bolts in the interim while the proper hardware was sourced.
On May 10, 2023, a different crew was instructed to switch and reposition two pipe skids that were attached to the same cooling pipe. To move the skids, a chain fall was installed to support the north side of the pipe during repositioning. The south side of the pipe remained supported only by the incorrect bolts — the same ones that had been flagged as wrong before the butterfly valve was installed.
When the pipe was lifted slightly to create clearance for the repositioning work, the south connection — held only by the wrong bolts — failed. The pipe fell. A worker sustained an injury.
A Ministry of Labour investigation confirmed that the pipe had not been adequately braced to prevent movement that could affect its stability or cause it to fail or collapse.
Trade-Mark Industrial Inc. pleaded guilty in the Provincial Offences Court in Whitby and was fined $80,000 plus a 25% victim fine surcharge.
What the Law Says
Section 31(1)(b) of Ontario Regulation 213/91 (Construction Projects): "Every part of a project, including a temporary structure, shall be adequately braced to prevent any movement that may affect its stability or cause its failure or collapse."
Basically, what this means is simple: a pipe section that is only supported by the wrong bolts is not adequately braced. Using incorrect hardware as a "temporary" measure while waiting for the right parts does not change the legal requirement — the structure must be adequately supported at all times while workers are in the area. There is no "temporary exception" to structural bracing under the construction regulation.
The moment the crew began repositioning skids attached to the same pipe, the stability of the south connection became critical. The chain fall on the north side provided support for that side only. The south side was exposed to the forces of that repositioning movement — with nothing adequate holding it.
In the court's view, this was not a freak mechanical failure — it was a foreseeable structural collapse that resulted directly from knowingly using incorrect hardware as a connection point during active work. The conviction and $80,000 fine reflect how seriously the court takes this breach of duty.
Practical Actions for Supervisors
Supervisors are the last line of defence before a structural workaround becomes an injury. Here's what the court expects you to do:
Keep asking: "Before this crew repositions, lifts, or loads any part of this system — are all connection points using the correct, specified hardware for the forces that will be applied?"
- Never authorize work that applies forces to a connection, joint, or structural support using components that have been flagged as incorrect for the application — stop and resolve the hardware issue first
- When a chain fall or temporary support device is used to reposition pipe, confirm that all other connection points are adequate for the forces that will be generated during the repositioning — not just the side you're supporting
- Require a pre-task review before any pipe repositioning, skid movement, or system alteration that includes a structural check: what is holding each connection point, and is that hardware adequate?
- Treat a worker's verbal flag about incorrect hardware as a stop-work trigger for that component — not as a note for later follow-up while work continues
- Confirm that all foremen on your crews understand their obligation under Section 27(1)(a) of the OHSA to take every precaution reasonable in the circumstances for the protection of workers — including refusing to proceed when adequate materials are not on site
Practical Actions for Employers
Employers must build the system that prevents correct-hardware workarounds from becoming injury situations. That system must include:
- A formal "hold for correct materials" protocol: when any worker identifies that available hardware does not meet the specification for a task, work on that component must stop until the correct materials arrive — not proceed with substitutes
- Written procedures for all pipe installation, modification, and repositioning tasks that specify the hardware requirements, the connection verification steps, and the bracing requirements before any load or force is applied
- Pre-job site checks that confirm correct materials are on site before work begins — if specified hardware is not available, the work scope involving that component must wait
- Training for all foremen and supervisors on the requirement under Section 31(1)(b), O. Reg. 213/91 that every structural component, including temporary supports and pipe connections, must be adequately braced at all times when workers are in the area
- A system for communicating known deficiencies to all crews working in the same area — when one crew flags a problem, every crew interacting with that component must be informed before their work begins
- Incident review protocols that treat "we were waiting for the right parts" as a system failure — and put the hold-for-correct-materials protocol in writing to prevent recurrence
Employers must demonstrate due diligence, meaning documented, proactive efforts to prevent structural failures during installation and maintenance work. This case shows that "it was only temporary" is not a defense — the regulation applies continuously, not just when the right parts finally arrive.
How to Use This Case in Your Workplace
This case is a valuable safety conversation starter. Use it during:
- Pre-job planning meetings before any pipe installation, HVAC work, or structural connection work at industrial facilities
- Foreman and supervisor training on stop-work authority and the obligation to resolve hardware issues before proceeding
- Toolbox talks about the real meaning of "adequate bracing" under Ontario's construction regulation
Walk your team through the scenario and ask:
- "When a worker tells us the bolts aren't right, what is our procedure? Does work stop, or does it continue while we wait?"
- "Before any crew applies force to a pipe, skid, or structural component on this job, have all connection points been verified as correctly specified and adequately supported?"
- "Is there anything on this site right now that is being held together with a temporary workaround while we wait for the right materials?"
This case reinforces a simple message: a verbal flag about wrong hardware is a stop-work signal — not a note to revisit when convenient.
Case Summary
- Hazard Type: Structural Bracing · Temporary Structures · Pipe Installation
- Root Cause: Incorrect bolts used as temporary connection hardware on a horizontal cooling pipe; work proceeded with other crews applying repositioning forces to the same system
- Immediate Cause: South pipe connection failed when the pipe was lifted during skid repositioning; the incorrect bolts could not hold the load
- System Gaps Identified:
- Foreman authorized continued use of flagged-incorrect hardware as a temporary measure
- No hold-for-correct-materials protocol existed or was followed
- Second crew repositioned skids attached to the pipe without confirming all connection points were adequately supported
- No pre-task structural check before the repositioning work began
- Communication failure between the first crew (who flagged the bolt issue) and the repositioning crew
- Key Teaching Point: Section 31(1)(b), O. Reg. 213/91 requires that every part of a project, including temporary connections, be adequately braced at all times. "Temporary" hardware does not meet this standard when it cannot withstand the forces applied during normal work activity in the area.
- Conviction Details:
- Who: Trade-Mark Industrial Inc., 250 Royal Oak Road, Cambridge, Ontario
- When: Offence May 10, 2023; Conviction March 3, 2026
- Where: Gerdau Ameristeel Corporation, 1 Gerdau Court, Whitby, Ontario
- Penalty: $80,000 fine + 25% victim fine surcharge
- Court: Provincial Offences Court, Whitby; Justice of the Peace Louis Bourgon