Blog Post #936 – Fatality Prompts Penalty For Mintech

Excerpt from the OH&S Canada magazine

An Ontario company that collects and resells post-production plastic and other waste products was fine hundred thousand dollars on July 18, 2018 for the death of a young worker.

The incident took place on January 16, 2017 when the worker employed by Mintech Marketing Inc. was using a propane torch to melt the frozen ground around the landing-gear legs of a transport trailer, according to a court bulletin from Ontario’s Ministry of Labour. The landing-gear legs, which support the trailer when it is not attached to a tractor unit, was stuck in the frozen ground.

As the heat melted the ice that supported the landing-gear legs, trailer fell forward and toward the passenger side where the worker was located and pinned him against the other trailer, resulting in fatal injuries. The company pleaded guilty to failing to ensure that the trailer in question was not placed or stored in such a way that it would not tip or fall.

My opinion

The law(s) in contravention:

Mintech Marketing Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishment regulation 851/90, section 45 (b) (i) which states,

“Material, articles or things,

(b) shall be transported, placed or stored so that the material, articles or things,

(i) will not tip, collapse or fall.”

Mintech Marketing Inc. was also found guilty of a 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.”

I was teaching a course at our office in Peterborough and heard about this. Devastating when a person dies on the job let alone a young worker. Since Campbellford is in my area, and I train companies in that small town, then I took this personally. In fact, during the MOL investigation, I was training across the street and quietly asked if the company I point at was the company in question. The answer was yes! The outside housekeeping was atrocious and it was not hard to guess which company did not take worker safety seriously.

My understanding was that the worker was only 17 years of age. One of my pupils, in a future class, knew the family. There was a good friend to this boy at the same place, same time, when the accident occurred as he would also suffer from this tragic experience.

I am glad the Ontario government has seen fit to show employers the need for training and protection for their young workers. HRS Group Inc. stands ready to assist your company with certified training to meet or exceed all regulatory requirements.

Ensure your workplace is a safe place.

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’, ‘Material Handling Safety’ 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 

‘Work’ and ‘Play’ safe.

Daniel L. Beal

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

 

 

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