Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by AMHIL Enterprises Ltd., Brantford, Ontario; a manufacturer of plastic packaging for the food services industry, suffered critical injuries after being struck by a moving forklift that was operating in reverse.
On September 16, 2018, a worker was pulling a load of scrap plastic sheeting over to the scrap plastic grinder and was struck by a forklift. The operator of the forklift had picked up a skid of product from the shrink wrapper and the forklift was reversing when it struck the worker, who fell and was partially run over.
There were no barriers, warning signs or other safeguards for the protection of all workers in the area which had both vehicle and pedestrian traffic. The worker suffered critical injuries.
Following a guilty plea, AMHIL Enterprises Ltd. was fined $70,000 in provincial offences court in Burlington by Justice of the Peace Gerry Manno; 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:
AMHIL Enterprises Ltd. was found guilty of a contravention of the Ontario ‘Industrial’ sector 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.”
Since this was a violation of occupational health and safety law as an employer, section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act was also contravened. It states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
This has been an eye opener for me. As a forklift trainer, with a full class on Monday, the 3rd of May, I will ensure that my students receive a copy of this, and other reports concerning forklift safety They really do need to see this!
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.
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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