Excerpt from the government of Ontario’s ‘Newsroom’
A worker employed by Trouw Nutrition suffered an injury at the workplace due to a lift truck accident. Trouw Nutrition failed to notify an inspector immediately of the occurrence of a critical injury, as required.
On March 26, 2019, a worker employed by Trouw Nutrition was operating a lift truck in order to move bags of animal feed material. The worker was travelling forward on the lift truck when they unexpectedly came into contact with a post, injuring the worker.
After completing their task, the injured worker notified their supervisor of the incident, who drove the worker to the hospital to be examined.
A doctor at the hospital told the supervisor the nature of the injury. That night the supervisor reported the injury to a Trouw Nutrition manager. Trouw Nutrition did not at that time report the critical injury to the Ministry of Labour, Training and Skills Development.
Section 51(1) of the Occupational Health and Safety Act provides that when a person is critically injured at a workplace, the employer shall notify a Ministry of Labour, Training and Skills Development inspector immediately by telephone or other direct means.
Following a guilty plea in provincial offences court in Stratford, Trouw Nutrition Canada Inc. was fined $25,000 by Justice of the Peace Tammy L.A. Waugh.
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:
Trouw Nutrition Canada Inc. was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 51, subsection (1) which states,
“Where a person is killed or critically injured from any cause at a workplace, the constructor, if any, and the employer shall notify an inspector, and the committee, health and safety representative and trade union, if any, immediately of the occurrence by telephone or other direct means and the employer shall, within forty-eight hours after the occurrence, send to a Director and to the committee, health and safety representative and trade union, if any a written report of the circumstances of the occurrence containing such information and particulars as the regulations prescribe.”
The definition of a Critical Injury is listed in Ontario regulation 834 which states,
“Critical Injury” means an injury of a serious nature that,
(a) places life in jeopardy,
(b) produces unconsciousness,
(c) results in substantial loss of blood,
(d) involves the fracture of a leg or arm but not a finger or toe,
(e) involves the amputation of a leg, arm, hand or foot but not a finger or toe,
(f) consists of burns to a major portion of the body, or
(g) causes the loss of sight in an eye.
I wonder if Trouw Canada has hired a safety professional to elevate the safety standard in their facility. It would go a long way in keeping them out of the negative impact that the government’s court bulletins seem to have.
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
CEO & Senior Trainer
HRS Group Inc.