Excerpt from the government of Ontario’s ‘Newsroom’
A worker employed by Manoaka Developments, Inc., carrying on business as Dolphin Fiberglass Pools Canada in Trenton, suffered a fatal injury while performing duties in the outside storage yard at the Trenton facility.
On September 29, 2020, a worker employed by Manoaka Developments, Inc., was performing duties in the outside storage yard of the main building of the company in Trenton.
The worker was operating a motorized forklift. The worker drove the forklift around a sharp 90-degree corner at a high rate of speed. This caused the forklift to tip on its side, and resulted in a fatal injury.
An investigation by the Ministry of Labour, Training and Skills Development determined that the worker was not wearing restraining equipment (a seat belt) when the incident occurred.
Manoaka Developments, Inc. plead guilty to committing the offence of failing to provide information and/or instruction and/or supervision to the worker regarding the safe operation of a forklift, including the use of restraining equipment such as a seat belt.
Following a guilty plea in Provincial Offenses Act Court, Belleville, Manoaka Developments, Inc., was fined $75,000 by Justice of the Peace Deanne Chappelle; Crown Counsel, Giuseppe Ferraro.
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:
Manoaka Developments Inc. was found guilty of a contravention of the Ontario Occupational Health and Safety Act, secti0n 25, subsection 2(a) which states;
“An employer shall,
- provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
This is a really tough one to write about. The worker that was killed was a 1st cousin to one of our safety trainers and if the driver was given “Competent” training, and the company followed the CSA standard B335-15 as well as the Ministry of Labour’s “Guideline for the Safe Operation of a Lift Truck”, then he would, quite possibly, be alive today.
Any company that allows their workers NOT to use all the safety devices that is presented deserves to be disciplined and fined! I believe in this and HRS Group Inc. drives this point home at Machined-operated course we teach such as Forklift Certification or Recertification.
HRS Group Inc. will always drive safety to all our clients and now, that our staff trainer has been promoted to General Manager of the company, I guarantee it!
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
CEO & Senior Trainer
HRS Group Inc.
Your point of view caught my eye and was very interesting.
I wanted to thank you for all the great information you are providing.
Many thanks!