Excerpt from the government of Ontario’s ‘Newsroom’

London Agricultural Commodities Inc., a London grain company, was fined $55,000 yesterday for a violation of the Occupational Health and Safety Act after a worker was injured.

On October 8, 2011, a worker at the company’s Thamesville grain elevator operation was moving a railcar from one track to another using a specialized railroad vehicle. The worker got out of the vehicle, walked past it to activate a rail switch, and noticed that the vehicle was moving towards the switch. When the worker stepped onto the track to retrieve lumber for chocking the vehicle’s wheels, the worker’s foot got caught between the rail and a wheel. The worker’s foot was crushed.

A Ministry of Labour investigation found that the worker was never trained on any policies about stepping on tracks or between railway cars and other vehicles.

London Agricultural Commodities Inc. pleaded guilty to failing to provide adequate information, instruction and supervision on the safe operation of the railway car moving vehicle.

The fine was imposed by Justice of the Peace Helen Gale. 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:

London Agricultural Commodities Inc. was found guilty of a contravention of section 25, subsection 2(a) of the Occupational Health and Safety Act (OHSA) which states,

“An employer shall,

(a) Provide information, instruction and supervision to a worker to protect the health or safety of the worker.”

Here we have another worker ill trained and all aspects of the job were a learn-as- you-go and the operator paid for it.

The worker MUST be given all information, and then the instruction as well as supervision to ensure the workers safety. If this is not met, then the workers will always be at risk and an unhealthy workplace will exist. The employer has many duties and responsibilities under the ACT.If you are an employer please read sections 25, 26, 27 and 28 of the OHSA for more information.

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.

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