Excerpt from the government of Ontario’s ‘Newsroom’
A worker was fatally injured at the Accuristix warehouse facility, located on Stone Ridge Road in Vaughan. when struck by a truck at a loading dock.
On January 29, 2018, a truck was parked at the loading dock of the Accuristix Inc. warehouse facility. Next to the loading docks was a shipping door. A worker exited the warehouse facility using the shipping door. At the same time, the truck that had been parked at the loading dock began to drive away.
The truck struck the worker, causing fatal injuries.
A Ministry of Labour investigation determined that there were no barriers, warning signs or other safeguards in place to protect workers from the dangers of vehicle traffic at the time the incident occurred.
Following guilty pleas, Justice of the Peace Herbert B. Radtke fined Accuristix Inc. $125,000 in Newmarket provincial court. Crown Counsel: David McCaskill.
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:
Accuristix Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishment’ regulation 851/90, section 20 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.
This was a direct contravention of 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.”
This is the type of incident/accident that should never ever happen. Signage, lighting, proper directions and permission to the truck driver would have saved this employee’s life.
Unforgivable!
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’. 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
VP & Senior Trainer
HRS Group Inc.