Excerpt from the government of Ontario’s ‘Newsroom’
Two workers, employed by Lorik Tool & Automation Inc., of Brantford, Ontario were injured when a heavy electrical panel fell over while it was being moved. The employer failed to ensure that there was a procedure in place to prevent material from injuring workers by tipping or falling.
On June 19, 2018, a worker was moving a large electrical panel, which measured eight feet tall, 16 feet long and 18 inches wide, weighing about 4,000 lbs, intending to load it onto a truck.
The panel was put on two wheeled dollies, one at the front and one at the rear of the panel. However, the feet in the centre of the panel impeded movement, as the dollies were not tall enough to allow the feet to clear the floor.
The worker jacked up the bottom of the panel in an attempt to install wood studs on the dollies to raise the panel higher. While doing so, the panel tipped over and fell on the worker. As the panel tipped over, it also struck another nearby worker. Both suffered injuries.
The investigation by the Ministry of Labour, Training and Skills Development determined that there was no procedure for the movement of the panel onto the truck. In addition, the panel was not secured against tipping and falling.
Following a guilty plea, Lorik Tool & Automation Inc. was fined $50,000 in provincial offences court in Brantford by Justice of the Peace Donald Dudar; 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:
Lorik Tool and Automation was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 46 which states,
Machinery, equipment or material that may tip or fall and endanger any worker shall be secured against tipping or falling.
This is contrary to 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.”
This employer obviously did not get the memo regarding policies and procedures for every operation in their facility. Written and verbal instructions are mandatory and would have gone a long way in the prevention of this accident and the safety of their workers.
I would wager they have them now!
HRS Group Inc. has a great team that can help you with all your health and safety need including ‘Material Handling’, ‘Proper Lifting Techniques’, and ‘Proper 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.
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