Excerpt from the government of Ontario’s ‘Newsroom’
A meat packing company in Concord was found guilty after a trial and fined $55,000 after a young worker was injured while using a forklift.
Concord Premium Meats Ltd., which operates a facility at 220 Wilkinson Road in Brampton, also does business as Cucina Marcangelo Foods and Concord Premium Foods. On May 22, 2013, a young worker was performing assigned work duties as a shipper/receiver. The worker was operating a lifting device known as a “walkie forklift” to move meat. The young worker collided with material being moved by a co-worker and suffered a broken ankle.
After a trial, the company was found guilty of failing as an employer to ensure that the measures and procedures prescribed by Ontario’s ‘Industrial Establishments’ regulation 851/90 were carried out.
All these were offences under the Occupational Health and Safety Act. The act includes a requirement that an employer provide information, instruction and supervision to a worker to protect the health or safety of the worker, which the company was found guilty of failing to do.
The company was found guilty of four counts on June 13, 2017. The $55,000 fine was imposed by Justice of the Peace Stephen Budaci in Brampton court on August 2, 2017.
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.
New and young workers in Ontario are more likely to be injured during the first few months on the job than other workers, and are three times more likely to be injured during their first month on the job than at any other time.
My opinion
The law(s) in contravention:
Concord Premium Meats Ltd. was found guilty of a contravention of the following sections;
- Section 11 of the Ontario ‘Industrial Establishments’ regulation 851/90 states,
“A floor or other surface used by any worker shall,
(a) be kept free of,
(i) obstructions,
(ii) hazards, and
(iii) accumulations of refuse, snow or ice; and
(b) not have any finish or protective material used on it that is likely to make the surface slippery.”
- Section 20 of the Ontario ‘Industrial Establishments’ regulation 851/90 states,
“ Barriers, warning signs or other safeguards for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker.”
- Section 45(a) of the Ontario ‘Industrial Establishments’ regulation 851/90 states,
“Material, articles or things,
(a) required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker.”
- Section 25, subsection 2(a) of the Ontario Occupational health and Safety Act (OHSA) states,
“An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
And finally,
- Section 25, subsection 1(c) Of the OHSA states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
HRS Group Inc. has a forklift course for full-day Certification (first time drivers) and half-day Re-Certification ready for you. Contact Deborah at (705 749-1259) for further information or check the schedule at our webpage at www.hrsgroup.com.
Do not be a statistic at our website and the Ministry of Labour’s. (MOL)
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Forklift Certification’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.