Blog Post #1547 – St. Thomas Hardware and Building Centre Retailer Fined $70,000 After Workplace Injury

Excerpt from the government of Ontario’s ‘Newsroom’

A worker suffered critical injuries when they were struck by a forklift operated by another worker in the Geerlinks Home Hardware Building Centre lumber yard. Geerlinks failed to provide information, instruction and/or supervision to workers regarding the operation of forklifts.

On October 1, 2022, two workers were asked by their supervisor to take some returned lumber to the Geerlinks Home Hardware Building Centre lumber yard.

In the past, they had done this by hand. However, on this occasion, one worker used a forklift to carry the lumber while being assisted by the other worker, who was walking alongside the forklift and within close proximity.

The worker operating the forklift attempted to place 2 x 6 x 16-foot boards into a pile when the second worker walked toward the back of the forklift. The forklift operator moved the forklift forward, striking the other worker, who sustained critical injuries.

At the time of the incident, the worker operating the forklift was not certified to operate the forklift, nor did they have Lift Truck Pedestrian Safety training. The other worker did not have Forklift Operator training or Lift Truck Pedestrian Safety training.

Geerlinks Building Centre and Furniture Limited failed, as an employer, to ensure that the workers were provided information, instruction and supervision regarding the operation of forklifts at a workplace, contrary to section 25(2)(a) of the Occupational Health and Safety Act.

Following a guilty plea in Provincial Offences Court in St. Thomas, Ontario, Geerlinks Building Centre and Furniture Limited was fined $70,000 by Justice of the Peace Anna Hampson. Crown Counsel was Katie Krafchick­.

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:

Geerlinks Building Centre and Furniture Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(a) which states,

“An employer shall,

• provide information, instruction and supervision to a worker to protect the health or safety of the worker.”

I could not believe that a piece of dangerous equipment, such as a forklift, was operated on without operator “Competency” training.

Forklift trucks are extremely heavy do not stop on a dime. They also steer from the rear and a competent instructor would have pointed out all these features and ensured that the operator understood the dangers.

The “Competency” standard for Ontario workplaces is this;

“competent person” means a person who,

(a)  is qualified because of knowledge, training and experience to organize the work and its performance,

(b)  is familiar with this Act and the regulations that apply to the work, and

(c)  has knowledge of any potential or actual danger to health or safety in the workplace.”

The supervisor, also, has responsibility here. It states in section 27, subsection 1( of the OHSA,

“A supervisor shall ensure that a worker,

(a)  works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”

As the reader can see, the company has a lot of responsibility here and the worker is entitled to work in a hazard-free environment.

All workers deserve to go home to their families, safe and sound.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

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.