Excerpt from the OH&S Canada magazine
The provincial Court issued a $100,000 fine to the Corporation of the Town of Innisfil on August 30, 2017, for its role in an incident in which a worker was knocked unconscious and injured early last year.
The court bulletin from the Ontario Ministry of Labour states that three municipal equipment onto a trailer on January 27, 2016, when it two-metre-high shelving unit struck the side of the trailer and fell onto one of the employees. The worker sustained critical injuries.
A Ministry investigation found that the employer had failed to use competent signal or when the trailer operator did not have a full view of the intended travel path the town of Venice fell pleaded guilty to violating section 56 of the Industrial establishments regulation.
The law(s) violated,
The only section that was quoted was section 56 of the Ontario ‘Industrial’ regulation 851/90 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.”
I also feel that section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA) was also in contravention and it states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Remember, anytime there is work to be accomplished, a workplace hazard assessment MUST precede work to better ensure worker safety.
Obviously, the Town of Innisfil was never properly educated on the OHSA and appropriate sector regulations, in this case, the ‘Industrial’ regulation 851/90.
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.