Excerpt from the government of Ontario’s ‘Newsroom’
A driver, employed by Global Metal Sources Co. Ltd., was fatally injured when the box from an adjacent 45-foot dump trailer fell on their trailer cab as the box was being lifted. The company had failed to ensure the dump trailer was maintained in good condition.
In December 2020, the company purchased a used 45-foot dump trailer and had it repaired by an automotive repair centre. Repairs were limited to the trailer’s road worthiness and not its dumping functionality.
On April 5, 2021, a truck driver employed by Global Metal Sources pulled the trailer, loaded with metal, into a scrap yard in Brampton. The yard workers instructed the driver to park the trailer on level ground next to another truck/trailer that was already parked.
When instructed to proceed by the yard workers, the driver opened the back of the trailer, then got back into the cab and began elevating the front of the dump box.
While the box was elevated, it fell to the side, landing on the cab of the adjacent truck and fatally injuring its driver.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the bearings in the pivot joint mechanism, which allowed the trailer box to be hydraulically lifted, had not been inspected, lubricated, and maintained over an extended time. This led to a catastrophic failure of the support shaft and allowed the box to fall from the trailer.
Following a guilty plea in the Provincial Offences Court in Brampton, Ontario, the company was fined $85,000 by Justice of the Peace Kevin J. Boothroyd. Crown Counsel was Wes Wilson.
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:
Global Metal Sources Co. Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(b) which states,
“An employer shall ensure that,
(b) the equipment, materials and protective devices provided by the employer are maintained in good condition.”
As a trainer for Occupational Health and Safety, I always discuss section 25, and sometimes section 26 of the OHSA. It carries all the necessary information for employers and what their roles and responsibilities are. Section 25, subsection 1(b) is one of those.
Many years ago, I walked into a training class for forklift and found 6 of them were listed as “In need of repair.” 2 were leaking, 2 had shoddy brakes, one had a steering issue, and the last one was choking out.
When we made it to the training material on section 25, it was brought to my attention of the defective machines and was quietly asked to understand that, maybe, that level of employer oversight was not happening here.
I suggested they call the H&S rep and place on agenda for the Joint Health and Safety Committee (JHSC) that the company was not in contravention and possibly subject to a fine of $25,000 per forklift with the possibility of a worker being injured or killed.
The action worked! The Plant Manager was given the minutes and was upset that his name was on the document. He leased 6 new vehicles that day!
He was not happy with me, but who cares, that section was there for this very reason.
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.