Blog Post #1511 – Injury Prompts Penalty

Excerpt from the OH&S Canada magazine (January 2017)

A construction equipment seller in London, Ontario, was fined $115,000 on January 05, 2017, over a worker injury. A drive assembly weighing about 2,200 kilograms fell from its support stands at the Toromont Industries Ltd. maintenance shop for heavy equipment on August 21, 2015, trapping a Toromont worker’s hand between the fallen axle and the concrete floor.

The investigation found that the company had tested the axle’s stability on the support stands, but the test was insufficient because the device had still been attached to an overhead crane.

The company pleaded guilty for failing to comply with section 46 of the Ontario ‘Industrial Establishments’ sector regulation 851/90, which requires securement of any machinery, equipment or material that could injure a worker against tipping over and falling.

My opinion

The law(s) in contravention:

Toromont Industries Ltd. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 46 which states,

“Machinery, equipment or material that may tip or fall and endanger any worker shall be secured against tipping or falling.”

Toromont Industries Ltd. was also found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 25, subsection 1(c) which states,

“An employer shall ensure that,

(c) the measures and procedures prescribed are carried out in the workplace.”

It seems that somethings never change and some things stay the same. Toromont should have completed a JHA (Job Hazard Assessment or Analysis) before any work was to be done.

Too bad for the employee!

HRS Group Inc. has a great team that can help you with all your health and safety need including ‘Material Handling’.

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.




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