Excerpt from the government of Ontario’s ‘Newsroom’
A worker employed by a roofing company was injured when a dump truck that was being tested for emissions moved, pinning the worker against a waste bin.
Mr. Diesel Emissions Inc., was the company involved and Sukhjinder Mokha was the director of Mr. Diesel Emissions Inc., a mobile vehicle emissions testing business based in Brampton, Ontario. Mr. Mokha certified as a Drive Clean inspector and performs emissions tests on heavy duty diesel vehicles.
The defendant is a “director” as defined under the Occupational Health and Safety Act (OHSA). As the director, the defendant was required to comply with the requirements set out in the act. One such requirement under section 32 of the act stipulates that the director of a corporation must ensure that the corporation complies with the OHSA, including section 25(2)(h) which requires corporations to take every precaution reasonable in the circumstances for the protection of workers.
On July 24, 2018, the defendant was hired to perform a mobile vehicle emissions test on a dump truck owned by a roofing company. The testing location of the emissions test was scheduled to take place at a residential address on Geary Avenue where the roofing company was completing a roofing project.
The standard operating procedure for Ontario’s Drive Clean facilities sets out the rules governing the delivery of emissions tests and inspections on vehicles. Rule 3.3 specifically requires vehicles being tested to be blocked using wheel chocks.
On the date of the incident, the dump truck was parked at the testing location. The defendant was performing the emissions test on the dump truck but failed to block the truck with wheel chocks.
As a roofing company worker was sweeping waste materials between a large metal waste bin and the dump truck, the truck suddenly reversed and pinned the worker against the waste bin. The worker suffered critical injuries.
Following a guilty plea on October 31, 2019, the director of Mr. Diesel Emissions Inc., Sukhjinder Mokha, was fined $10,000 in provincial offences court in Toronto by Justice of the Peace Rosanne Giulietti; Crown Counsel Marco Galluzzo.
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.
The law(s) in contravention:
Mr. Mokha was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 25, subsection 2(h) which states,
“An employer shall,
(h) take every precaution reasonable in the circumstances for the protection of a worker.”
Since Mr. Mokha was the owner Director of the business, he was in contravention of section 32, subsection (a) of the OHSA which states,
“Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,
(a) this Act and the regulations.”
Too bad he did not follow safe work instructions as spelled out in the rules for wheel chocking. Yes, I know it is too late now, but all companies need to ensure workers are not in harms way and the best way is to identify, assess and control hazards.
Mr. Mokha found out too late!
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.
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.