Excerpt from the government of Ontario’s ‘Newsroom’
A worker suffered critical injuries when a forklift and front-end loader collided. Coldstream Concrete Limited failed as an employer to take every precaution reasonable in the circumstances for the protection of a worker at a workplace contrary to section 25(2)(h) of the Occupational Health and Safety Act.
On the day of the incident a worker was operating various lifting devices. The lifts were used to move concrete products in and out of a casting area located inside the Company’s main building.
After delivering a product to the casting area, the worker returned to an outdoor yard using a forklift to collect another piece.
While approaching a ramp that led to the main building, the forklift collided with a front-end loader travelling down the ramp.
The collision resulted in critical injuries to the forklift operator.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that the incident could have been avoided had the Company used a traffic management plan.
Following a guilty plea in Provincial Offences Court, London, ON, Coldstream Concrete Limited (the Company) was fined $75,000 by Justice of the Peace Abdul Chahbar; Crown Counsel, Dan Phelan.
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:
Coldstream Concrete Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
Take every precaution reasonable in the circumstances for the protection of the worker.”
There were a few questions that needed to be asked and answered. Questions might be;
- Why did this happen?
- Why was there the ability for the for the two machines to have come into contact with each other? And
- Where was the supervisor in all this?
There should have been better training here and possible wall mirrors to ensure safety access. Obviously, the mirrors did not exist. If they did, then they were not used. Either way, a worker dies.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Forklift Certification’ and ‘Forklift Re-Certification’. 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.