Report from the government of Ontario’s ‘Newsroom’
A worker, employed by National Logistics Services (2006) Inc. of Toronto, Ontario, a retail logistics provider for global lifestyle brands, was critically injured by a forklift. The company failed, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the Occupational Health and Safety Act
On August 14, 2023, a worker employed by the company, was preparing to move a pallet of freight into a freight staging area for shipping. To complete this task, the worker left the freight staging area and entered an area used by pedestrians and mobile handling equipment called the MHE Pathway. The freight staging area, the shipping staging lanes and the MHE Pathway were marked by yellow lines on the floor.
While the worker was in the MHE Pathway, a forklift operator from a temporary employment agency was reversing a forklift out of a trailer parked at the loading dock. The forklift operator did not see the worker. There was a collision between the forklift and the worker, resulting in a critical injury.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that:
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- The company had an unwritten process in place for staging freight into the shipping staging lanes that was understood by all parties.
- The worker and forklift operator received training on the hazards associated with pedestrians working around forklifts.
- The forklift operator was not looking backward while moving in reverse, contrary to the training.
Following a guilty plea in the Ontario Court of Justice in Brampton, the company was fined $70,000 by Justice of the Peace Richard Quon; 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:
National Logistics Services 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 a worker.”
As a trainer in forklift ‘competency’, at HRS Group Inc., the term ‘look in the direction of travel is always discussed and the operator must also have a full view of the path of travel.
Hiring 3rd party forklift operators can, not always, but can, lead to accidents such as this one. The potential is there. The supervisor should have been keeping an eye out as well.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Forklift Certification’.
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.