Excerpt from the government of Ontario’s ‘Newsroom’
A worker was fatally injured when they were caught between a reversing truck and a trailer. Logixx Security Inc. failed to take the reasonable precaution of ensuring that a worker wore high visibility apparel when working in a trailer storage yard outside their vehicle.
On November 4, 2021, a security guard was working the night shift at a warehousing and distribution facility that included a storage yard for trucks to deliver and remove trailers for shipping products. Among the security guard’s duties were monitoring truck access to the facility and applying and removing “glad hand locks” to prevent or facilitate the movement of trailers parked in the facility yard.
A shunt truck and driver were also present to move trailers within the facility yard.
At around 6:20 a.m., the shunt driver advised security that a trailer needed to be moved in the yard. The driver moved the shunt truck into position to back up to a trailer.
The security guard attended and walked to the trailer to remove the glad hand lock. The area immediately around the front end of the trailer was dark when the guard arrived at the trailer connection. The shunt truck reversed. Neither its audible alarm nor its reversing spotlights were functioning. The security guard was caught between the truck and the trailer and suffered fatal injuries.
The shunt truck driver had not seen the security guard enter the area near the trailer. The guard was not wearing high visibility reflective clothing, nor was any located in their vehicle.
Logixx Security Inc. had delivered some high visibility vests to the facility for employee use but did not ensure that they had been distributed or that supervisors were ensuring they were being worn when guards were in the yard outside their vehicles.
Logixx Security Inc. failed, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker.
Following a guilty plea in Provincial Offences Court in Brampton, Ontario, Logixx Security Inc. was fined $200,000 by Justice of the Peace Mangesh Duggal. 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:
Logixx Security Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
(h) take every precaution reasonable in the circumstances for the protection of a worker.”
In any security application Hi-Vis application is always a must.
When working in the dark, and lighting is extremely important, Hi-Vis is definitely a must. Silver stripes, at night, are usually required.
By the way, where was the supervisor in all this? Was he/she “Competent” to look after the employee? If not, then the employer was ALSO in contravention of 2(c) of the same section which states,
“An employer shall,
(c) when appointing a supervisor, appoint a competent person.”
If the reader is unaware of the “Competency” standard, I have listed it below. It states,
““competent person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace.”
By the way, this is another milestone for me. 1,500 blog posts, all since November 2010. It has been a long haul, but well worth it.
I hope to continue writing far into the future.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at
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.
Thanks!