Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Liquor Control Board of Ontario (LCBO), 55 Lakeshore Blvd. East, Toronto, Ontario, sustained a critical injury while operating a lift truck during a training session at an LCBO warehouse on 955 Wilton Grove Road, London, Ontario.
The employer failed to provide the worker with proper information, instruction and supervision to protect the worker’s health and safety, contrary to section 25(2)(a) of the Occupational Health and Safety Act.
On June 20, 2022, a group of LCBO workers were being trained to use a powered pallet lift truck, also known as a transporter, at a LCBO warehouse in London.
A seasonal warehouse worker, who had experience operating the equipment but no certification to train others, was conducting the training exercise.
The trainer, believing the workers had already received the theoretical part of the training, gave an incomplete overview of how to complete a visual and operational inspection based on the employer’s checklist and manufacturer’s manual.
One of the workers, who was operating the transporter for the first time, had trouble controlling it. While practicing turns in an aisle, the worker lost control and collided with a steel storage rack. The worker sustained a critical injury.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the trainer lacked the necessary qualifications and had not received recent instruction on the equipment or the LCBO’s training protocols.
Following a guilty plea in the Provincial Offences Court in London, the company was fined $80,000 by Justice of the Peace Kristine M. Diaz. Crown Counsel was Julia Pimentel.
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:
The Liquor Control Board of Ontario (LCBO) was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(a) which states,
“An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
A forklift or lift truck can be a deadly piece of equipment to operate, even a powered hand pallet truck. LCBO should have committed to standardized competency training instead of random options.
The government of Ontario has listed their definition for “Competency” when dealing with this sort of accident.
A ‘Competent Person’ means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace.”
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.