Blog Post #524 – Assured Packaging, Fined $55,000 after Worker Injured in a Forklift Accident

Excerpt from the government of Ontario’s ‘Newsroom’

1736665 Ontario Inc., formerly known as Assured Packaging, a manufacturer of aerosols for household, pharmaceutical, beauty and other products in Mississauga, has been fined $55,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On December 21, 2011, a worker was assigned the task of picking up empty aerosol cans from a skid. While the worker was performing that task, another worker operating a forklift brought another skid into the area. As the forklift operator put it down, the first skid was pushed forward, trapping the worker’s leg between the first skid and a conveyor. The worker sustained a leg fracture.

1736665 Ontario Inc. pleaded guilty to failing as an employer to ensure that barriers, warning signs or other safeguards for the protection of all workers in an area were used where vehicle or pedestrian traffic may endanger the safety of workers caused by forklift accidents.

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:

Assured Packaging 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.”

The forklift area should have been designated a ‘pedestrian-free’ zone and signs needed to be placed and a training program, (and sign-off sheet) needed to be given to ensure that this type of accident would not happen. (I wager they have it now)

Many plants have a program where, when a pedestrian enters the world of the forklift, the pedestrian stops and attempts to make eye contact with the driver to ensure he/she has been seen. Times as they are those in the management of the plant were not eager? to give and/or receive appropriate training.

Too bad! The forklift accident could have been easily avoided if they had.

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 ‘Forklift Certification’ and ‘Forklift Re-Certification’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.

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