Excerpt from the government of Ontario’s ‘Newsroom’
A worker was injured during the delivery of a steer to a holding barn. Contrary to safety procedures, Peel Meat Packers Ltd. failed, as an employer, to ensure a protective gate between the animal and worker was properly maintained, as outlined in the Occupational Health and Safety Act.
Peel Meat Packers Ltd. operates a holding barn facility where farmers deliver livestock. The barn is divided into five holding pens, a livestock chute and three gated aisles – one for animals and two for humans. The livestock chute is a small, enclosed area which connects to the back of a farmer’s trailer. It has a gate, which is used to let animals into the livestock aisle and then into their pens. When the livestock gate is open it blocks access to the human side of the aisle and vise versa.
On June 14, 2022, the self-closing gate on the human side of the aisle had a broken spring and was not working.
A worker was assigned to greet a farmer, who was delivering a steer to the holding barn, and to complete the necessary paperwork.
When the farmer opened the back of their trailer, the steer came charging out. The farmer quickly stepped back into the livestock aisle, pulling the livestock gate closed, cutting off the steer’s access to the livestock aisle. The animal, having nowhere else to go, ran down the human aisle through the gate left open due to the broken latch.
The worker was still standing in the human aisle and was critically injured by the charging steer.
Following a guilty plea in the Ontario Court of Justice in Guelph, Peel Meat Packers Ltd. was fined $60,000 by Justice of the Peace Michael Cuthbertson. Crown Counsel was Judy L. Chan.
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:
Peel Meat Packers Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(b) which states,
“An employer shall ensure that,
(b) the equipment, materials and protective devices provided by the employer are maintained in good condition.”
Very simple, isn’t it? If you provide equipment for a job or on a job, the equipment MUST be maintained in good condition.
Peel Meat Packers Ltd., di not receive the safety memo. I would wager they do not have a safety professional on staff.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Safe Operating Procedures’.
The safe operating procedures would have guaranteed regular inspection of all the gates and equipment.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”!
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.