Blog Post #761 – Anixter Canada Inc. Fined $50,000 after Worker Injured

Blog Post #761 – Anixter Canada Inc. Fined $50,000 after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom

Anixter Canada Inc., a Mississauga wire, cable, communications and security-product company, was fined $50,000 after a worker was injured.

On July 24, 2013, a worker employed by Anixter Canada Inc., used an order picker forklift to move empty pallets at the Anixter warehouse located at 200 Foster Crescent in Mississauga. The worker was operating the forklift in reverse down an aisle, with the pallets stacked loosely on the forks. A pallet came into contact with a nearby rack and was pushed into the operator’s compartment, pinning and causing injury to the worker’s leg.

Anixter Canada Inc., pleaded guilty to failing to ensure that materials were carried or moved in such a way that did not endanger the safety of any worker.

The fine was imposed by Justice of the Peace Barry Quinn. 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:

Anixter Canada Inc. was found guilty of a contravention of section 45 of the Ontario ‘Industrial’ regulation 851/90 which states,

“Material, articles or things,

(a) required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker;

(b) Shall be transported, placed or stored so that the material, articles or things,
(i) Will not tip, collapse or fall, and
(ii) Can be removed or withdrawn without endangering the safety of any worker; and

(c) To be removed from a storage area, pile or rack, shall be removed in a manner that will not endanger the safety of any worker.”

Anixter Canada Inc. was also found guilty of a contravention of section 25, subsection 1 (c) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“An employer shall ensure that,

(c) The measures and procedures prescribed are carried out in the workplace.”

Section 51, subsection 1 (a) (i) of the OHSA states,

“A lifting device shall be operated,

(a) Only by,
(i) A competent person or
(ii) Accompanied by a competent person.”

Was the worker properly trained? Were all the associated hazards identified, assessed and controlled?

Where was the supervisor? Section 27, subsection 1(a) of the OHSA states,

“A supervisor shall ensure that a worker,

(a) Works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”

Was the supervisor not aware of his/her responsibility? If not, then section 25, subsection 2 (c) of the OHSA was violated. It states,

“An employer shall,

(b) When appointing a supervisor, appoint a competent person.”

Please ensure your workplace is a safe place. All forklift training is 3-year renewable and HRS Group Inc. stands ready to aid your company with the very best training with a top notch training staff. We cover the B335-15 CSA standard and the Ontario government’s guideline ‘For the Safe Use of Powered Lift Trucks’.

I would also advise all management to at least take the theory portion of the training. It would go a long way in a daily or monthly plant inspection and review to watch for, identify and correct bad driving habits which may or may not include the use of a the driver safety belt which I see all too often.

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 info@hrsgroup.com

‘Work’ and ‘Play’ safe.

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

Dan
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