Blog Post #1459 – Workplace Injury Results in $55,000 Fine for London Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by London Salvage and Trading Company Limited in London, ON, was critically injured while performing duties at the company’s Egerton Street facility.

On November 26, 2021, three workers were engaged in dismantling a bulldozer in the yard of the company’s Egerton Street facility.

Two workers were using cutting torches, while the third operated a mobile crane moving pieces to be cut or which had been cut. One worker was cutting a large piece of the bulldozer that included a spring tension assembly. The assembly contained a hollow bore in which a spring was inserted. The spring was approximately 45 inches long and eight inches in diameter.

A cover with a shaft protruding from its centre was mechanically fastened to the open end of the bore, enclosing the bore, and compressing the spring within the assembly.

While the worker was standing in front of the cover while using a cutting torch on it the cover became separated from the assembly. This released the energy stored in the spring, causing the cover and shaft to be propelled outwards and striking the worker. This resulted in a critical injury.

The company had a procedure for dismantling bulldozers; however, this procedure did not address the hazard of the release of energy from the spring tension assembly. The worker had not been provided with the procedure document or told of its contents.

London Salvage and Trading Company Limited failed as an employer to provide information, instruction, and supervision to a worker with respect to the safe dismantling of a bulldozer at the workplace.

Following a guilty plea in provincial offences court in London, ON, London Salvage and Trading Company Limited was fined $55,000 by Justice of the Peace Robert Seneshen; Crown Counsel, Judy 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:

London Salvage and Trading Company was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 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.”

The worker is entitled to receive all the instruction necessary to do his/her job, and to do the job safely.

A hazard assessment was also necessary to ensure that all hazards to do with the work were identified, and controlled.

London Salvage, obviously, never received the safety memo.

Maybe they need to hire a safety specialist!

Ensure that your company provides all the training necessary for your employees to work safely. They are certainly entitled to it.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.

 

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