Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Superior Propane, was fatally injured between a 1000-gallon steel propane tank and the brick wall of a building. The company failed, as an employer, to ensure that the measures and procedures prescribed by section 76 of Ontario Regulation 851/90 were carried out at a workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On November 17, 2023, a worker employed by Superior General Partner Inc. was replacing a 1,000-gallon steel propane tank at a commercial property using an articulating boom crane mounted on a flatbed truck. The worker was using a wireless remote to control the functions of the crane.
Due to limited space at the site, the worker attempted to attach a tagline to the crane to help stabilize and move the tank. The worker was positioned between a brick utility building and the propane tank.
While the worker was setting up the tagline, the crane moved unexpectedly causing the propane tank to swing from the deck of the flatbed truck and into the brick wall of the building. The worker was fatally injured.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that the crane controls had not been disengaged and the stop button on the wireless remote was not pressed while the worker was attaching the tagline.
The company did not have adequate effective precautions in place to prevent the inadvertent starting of the crane. As a result, Superior General Partner Inc. failed to ensure that the measures and procedures prescribed by section 76 of Ontario Regulation 851 were carried out at a workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
Following a guilty plea in the Ontario Court of Justice in Sudbury, Superior General Partner Inc. was fined $375,000 by Justice of the Peace Sharon Ashick; Crown Counsel was Patrick Travers.
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:
Superior General Partner Inc., was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 76 which states,
“Where the starting of a machine, transmission machinery, device or thing may endanger the safety of a worker,
(a) control switches or other control mechanisms shall be locked out; and
(b) other effective precautions necessary to prevent any starting shall be taken.”
This is in direct contravention of the Ontario Occupational Health and Safety Act, section 25, subsection 1 (c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
There were many questions needed to be asked and answered here. Some very well could be:
- Where was the supervisor?
- Was the supervisor “Competent” to offer assistance to the workers?
- Were the workers given written instructions before the work was done? And
- Did the workers receive vehicle-mounted crane training?
All good questions, and again, no answers. I wonder what the MLITSD made them complete for the permanent corrective action.
Hmm…
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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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.