Excerpt from the government of Ontario’s ‘Newsroom’

2236697 Ontario Inc., carrying on business as Delta Truck Equipment, a truck maintenance company, was fined $100,000 for a violation of the Occupational Health and Safety Act after a worker was killed. Phillip Hutton, a supervisor, was fined $15,000 in relation to the same incident.

On June 9, 2010, at the company’s shop in Breslau, ON, Mr. Hutton was doing maintenance on a hydraulic crane. He had mounted the crane onto a truck and determined that some of the hydraulic fluid in the crane needed to be drained. As he went to drain the fluid, a worker monitored the fluid level. During this procedure, the crane’s boom swung around to pin the worker against the truck’s control panel, fatally crushing the worker.

A Ministry of Labour investigation found that Mr. Hutton had left the hydraulics of the crane engaged and the truck’s engine running during the procedure.

2236697 Ontario Inc., carrying on business as Delta Truck Equipment, pleaded guilty to failing to take the reasonable precaution of ensuring that the truck’s engine was off and/or the hydraulics of the crane were disengaged before draining the hydraulic fluid. Phillip Hutton pleaded guilty to the same.

The fines were imposed by Justice Gary Hearn. In addition to the fines, 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:

Delta Trucking Equipment was found guilty of violating section 25, subsection 2(h) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“The employer shall take every precaution reasonable in the circumstances for the protection of the worker.”

Supervisor Phillip Hutton was found guilty of violating section 27, subsection 2(c) which states,

“The supervisor shall take every precaution reasonable in the circumstances for the protection of the worker.”

This is probably the best example of using the generic sections of the ACT. I have stated in the past that 25, 2(h) has been the most highly used section when it came to issuing charges. Now we have the same verbiage as is found in section 27, 2(c). Both were used at the first time, at the same time, at least through my research.

I wanted to ensure that my readership reviews this particular report because the government of Ontario stresses a layer of protection for the worker in the guise of a supervisor. Provinces like Alberta do not feel that properly trained workers need to be supervised. PITY!!!

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.

We can also be reached at info@hrsgroup.com

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.

2,160 comments on “Blog Post #389 – Delta Truck Company and Supervisor Fined $115,000 Total after Worker Killed

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  3. What I am curious in knowing is that when the many firms plead guilty to OHS violations, how much time and money would be spent by the company; prior to that fine and surcharge many of them must be hiring legal counsel and covering out-of-pocket.

    I would be willing to guess that most do not know that some insurance might be able to cover those costs until that point. I am willing to discuss with any of your readers.

    1. Thank you so much Larry. I will certainly forward your remarks and I hope you receive feedback and possible future business.

      Daniel L. Beal – CHSEP
      HRS Group Inc.

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