Blog Post #1197 – Worker Injury Results in $60,000 Fine for Aerosol Manufacturer

Excerpt from the government of Ontario’s ‘Newsroom’

A worker employed at the K-G Spray-Pak’s plant located in Vaughan, Ontario was injured after being struck by a moving lift truck being operated in reverse.

On May 24, 2018, a temporary staffing agency worker was assigned the task of picking finished aerosol cans off the end of the plant’s Line #1 and packing them into boxes placed on wooden pallets. To prepare for this task, the worker used a manual pump truck to retrieve a stack of pallets from another location in the plant.

While walking backwards, pulling the full pump behind while on the way back to the end of Line #1 the worker was struck by a moving lift truck which was being operated in reverse, and which was also heading to the end of Line #1, to pick up pallets of finished product. The worker suffered injuries as a result.

A Ministry of Labour investigation into the incident determined that there were no barriers, warning signs or other safeguards in that area of the plant (the end of Line #1), to protect workers from vehicular traffic.

Following a guilty plea, K-G Spray-Pak Inc. was fined $60,000 by Justice of the Peace Adele Romagnoli in Newmarket provincial court; Crown Counsel Judy L. Chan.

The court also 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:

K-G Spray-Pak was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851/90, section 20 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.”

This is contrary to the 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.”

As a training provider for forklifts I find that many drivers develop a bad habit of not looking backwards and it happens more than you can realize. In fact, the other day, I watched the plant manager NOT wearing a seatbelt which is a severe no-no in the forklift world.

Safety starts from the top and is filtered down to the plant floor. If the message is not unified then things begin to happen and safety is out the window.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

Ensure your workplace is a safe place.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

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




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