Excerpt from the government of Ontario’s ‘Newsroom’
Buckhorn Sand & Gravel Inc. of Trent Lakes, Ontario is an operator of a limestone quarry.
While attempting to free a truck lodged on rock, a worker suffered fatal injuries and another worker critical injuries. Buckhorn Sand & Gravel Inc. failed as an employer to ensure that measures and procedures prescribed by section 105(1)(i) of Regulation 845 (Mining Regulation) were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On the day of the incident, two Company workers were attempting to start a fuel truck used in quarry operations.
Once started, the truck’s rear access platform became lodged on flat rock in the refueling area and the vehicle was unable to drive off.
Another service truck was going to be used to pull the fuel truck off the rock by means of a chain. One worker crawled under the front driver’s side axle of the fuel truck to attach the chain while the other worker assisted in attaching the chain to the service truck.
The fuel truck then moved forward, fatally injuring one worker, and critically injuring the other.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that after the fuel truck’s engine was started, the fuel truck’s air system inflated the rear suspension airbags. This caused the rear of the fuel truck to rise sufficiently so that the rear platform was no longer lodged on the rock. This enabled the truck to move forward.
The investigation also concluded that, at the time of the incident, no one was in the cab of the fuel truck, it was in forward gear and the brakes were not engaged.
Following a guilty plea in Provincial Offences Court, Peterborough, Buckhorn Sand & Gravel Inc. (the Company) was fined $200,000 by Justice of the Peace Mark Donahue; Crown Counsel, Giuseppe (Joe) Ferraro.
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:
Buckhorn Sand and Gravel was found guilty of a contravention of the Ontario ‘Mining and Mining Plants’ sector regulation 854/90, section 105, subsections 1 and 2 which states,
105.1 (1) “An employer at a mine shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain a written traffic management program.
(2) The program shall include measures and procedures to,
(a) prevent collisions, of motor vehicles, that may endanger the health and safety of workers by addressing hazards relating to reduced or impeded visibility of motor vehicle operators; and
(b) protect the health and safety of workers and pedestrians who may be endangered by the movement of a motor vehicle.”
This is contrary to section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
How much plainer can it get?
There should have been sufficient safeguards put into place to prevent the truck from moving forward. If only Buckhorn Sand and Gravel had read the green book.
It does state that all aspects of the work being done has to have a set of written procedures and a JHA, “Job Hazard Assessment or Analysis” would have given them the chance to see the potential for a hazard.
This particular procedure has to be revied at least once a year.
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 info@hrsgroup.com
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.
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