Excerpt from the government of Ontario’s ‘Newsroom’
A worker was seriously injured while repairing the brakes on a motor home. Bert’s Truck and Trailer Repair Inc. failed, as an employer, to protect a worker by ensuring the safety measures and procedures required for preventing an elevated vehicle from falling on a worker were carried out, as outlined in section 74 of the Regulation for Industrial Establishments.
On December 15, 2021, a worker was asked to repair the brakes on a motor home.
The motor home, about 60-70 feet long, was parked behind the shop on a concrete pad sloping slightly downwards. Rubber chocks were placed in front of the front wheels to prevent the vehicle from moving forward, but nothing was placed to prevent it from moving backwards.
To temporarily elevate the motor home to be able to crawl under it, the worker drove the vehicle onto four 4×4 wooden blocks. The worker proceeded to grease the underside of the vehicle, while a co-worker stood beside the vehicle, passing tools and equipment.
After this, the worker used an oxygen/acetylene torch to heat up a clevis pin on the brake system to release the seized brakes. As soon as the clevis pin became unseized, the brakes released and the motor home rolled backwards, uphill, over the wooden blocks, onto the worker. Consequently, the worker was seriously injured.
Following a guilty plea in the Ontario Court of Justice, Brantford, Bert’s Truck and Trailer Repair Inc., was fined $50,000 by Justice of the Peace Dan D’Ignazio. 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:
Bert’s Truck and Trailer Repair Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 7 4 which states,
“Machinery, equipment or material that is temporarily elevated and under which a worker may pass or work shall be securely and solidly blocked to prevent the machinery, equipment or material from falling or moving.”
This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Many questions should have been asked and answered before any work was to be done. Questions such as;
- Where was the supervisor in all this?
- Was the supervisor aware of the potential hazards? If yes, then why did he not pass the word along as pointed out in the OHSA, section 27, subsection 2(a) which states,
“A supervisor shall,
(a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware.”
- Was a JHA completed prior to the work being done?
- Has this happened before?
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’.
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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.