Excerpt from the government of Ontario’s ‘Newsroom’
Fleet Lube Plus Inc., operating as Mid-West Collision Division, a Mississauga truck and trailer maintenance and repair company, was fined $60,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On August 5, 2011, at the company’s Mississauga facility, a worker walked over to a paint booth area while another worker towed a trailer out of the booth with a truck. The worker called for the driver to stop. When the trailer stopped moving, the worker on foot squeezed between the back of the trailer and the paint booth doors. At the same time, the driver backed up the trailer. The worker was pinned between the paint booth door and the trailer, sustaining broken bones and other internal injuries.
A Ministry of Labour investigation found that there were no signs that warned about the danger of a moving truck in the area around the paint booth.
Fleet Lube Plus Inc. pleaded guilty to failing to ensure that warning signs were posted where vehicle traffic could endanger the safety of a worker.
The fine was imposed by Justice of the Peace Michael Barnes. In addition to the fine, the court 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:
Fleet Lube Plus Inc. was found guilty of a contravention of section 20 of the Ontario ‘Industrial’ regulation 851/90 which states,
“Barriers, warning signs or other safeguards for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker.”
As I have stated many times before, all aspects of the business need to have been dealt with and procedures for each aspect MUST be in a written format. The workers need to have been properly supervised and have the warning signs explained to them before the upcoming job, or just the potential for a job to happen.
I do hope that the company has reviewed all pertinent sections of the green book and have placed the workers safety above all else and as their overriding authority.
Remember – In Ontario, “ALL Accidents are Preventable”
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.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.
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