Excerpt from the government of Ontario’s ‘Newsroom’
On February 1, 2023, a worker, employed by Forages Technic-Eau Inc. / Technic-Eau Drillings Inc., of Sherbrooke, Quebec, was unloading boxes from an idling crawling carrier that was parked beside a pickup truck. The worker failed to apply the parking brake before exiting the crawling carrier. When exiting the vehicle, the worker then accidentally made contact with its control levers.
This caused the vehicle to move toward the parked pickup truck, causing serious injuries to the worker who was between the two vehicles.
The company failed to ensure that the crawling carrier’s parking brake was applied before the worker exited the vehicle, as required under section 105(1)(i) of Ontario Regulation 854, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
Following a guilty plea in provincial offences court in Timmins, the company was fined $60,000 by Justice of the Peace Estelle Thérese Bérubé. 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:
Forages Technic-Eau Inc. was found guilty of a contravention of the Ontario ‘Mining and Mining Plants’ sector regulation 854/90, section 105, subsection 1(i) which states,
“When in use, a motor vehicle, other than a motor vehicle running on rails, shall,
(i) when left unattended, have,
(i) the control placed in the parking position, and
(ii) the brake fully applied.”
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.”
It seems a very simple fix here. Common sense should rule the day!
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.
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.