Excerpt from the Government of Ontario’s ‘Newsroom’
BFI Canada Inc., a waste management company operating in Canada and the United States, was fined $150,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On May 28, 2009, a worker from a temporary help agency was assigned to a waste collection route for BFI Canada Inc. in Ottawa. The worker’s job was to take recyclable material from the curb and put it into a waste collection truck. While performing these duties, the worker got out of the truck while it was still moving and the truck ran over the worker’s foot.
A Ministry of Labour investigation found that the company had safety procedures that prohibited workers from exiting a moving vehicle. However, the temporary worker was not properly trained in these procedures.
BFI Canada Inc. was found guilty of failing to provide information, instruction and supervision to the worker with respect to safe operating procedures for mobile waste collection.
The fine was imposed by Justice of the Peace Beverly Souliere. 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:
BFI Canada Inc. was found guilty of violating section 25 (2)(a) of the OHSA which states,
“The employer shall provide the information, instruction and supervision to a worker to protect the health and safety of the worker.”
It was not too hard to quote this passage from memory. Along with section 25 (2) (h) of the same ACT represent the bulk of the majority of rulings I have been able to review.
The employer MUST review section 25 of the OHSA, sub-sections 1 and 2, to completely understand what is required of them.
I hope that the employer expects the ‘Health and Safety Coordinator’ to have reviewed the legislation. If not, what are they good for?
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.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.
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