Blog Post #1081 – Freight Company Fined $85,000 After Worker Suffers Permanent Injury

Blog Post #1081 – Freight Company Fined $85,000 After Worker Suffers Permanent Injury

Excerpt from the government of Ontario’s ‘Newsroom’

At Consolidated Fastfrate Inc., a national provider of logistic services, including shipping and warehousing, on February 12, 2016, A worker who was operating a forklift struck another worker who could not be seen because the forklift operator had an obstructed view of the forklift’s path of travel. The injured worker suffered a permanent injury.

A worker was loading drums into a vehicle at a loading bay, using a forklift. The worker had loaded one skid of drums and proceeded to pick up a second skid of drums.

The drums on the forklift were stacked in such a way that the forklift operator’s view was obstructed while operating the forklift in a forward direction and with the load in front.

While driving forward after picking up the second load, the forklift operator struck another forklift operator who was standing while dealing with some paperwork. That worker was hit from behind and suffered an injury that became permanent.

A Ministry of Labour investigation determined that the forklift operator was operating the forklift with an obstructed view. As such, Consolidated Fastfrate Inc. committed the offence of failing as an employer to ensure that the measures and procedures prescribed in the ‘Industrial’ sector regulation 851 and the Ontario Occupational Health and Safety Act (OHSA).

On December 15, 2017, following a guilty plea, Consolidated Fastfrate Inc. was fined $85,000 by Justice of the Peace Rhonda Shousterman in Newmarket court, 465 Davis Drive, Courtroom T2; Crown Counsel Joe Ferraro.

The court also imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

My opinion

 The law(s) in contravention

Consolidated Fastfrate Inc. was found guilty of a contravention of the ‘Industrial’ regulation 851/90, section 56 which states,

“Where the operator of a vehicle, mobile equipment, crane or similar material handling equipment does not have a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment or its load, the vehicle, mobile equipment, crane or similar material handling equipment shall only be operated as directed by a signaller who is a competent person and who is stationed,

(a) in full view of the operator;

(b) with a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load; and

(c) clear of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load.”

This was a clear violation of section 25, subsection 1(c) of the OHSA which states,

“An employer shall ensure that,

(c) the measures and procedures prescribed are carried out in the workplace.”

HRS Group Inc. has a great team that can help you with all your health and safety needs, including Forklift training. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at info@hrsgroup.com

Ensure your workplace is a safe place.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.

Dan
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