Excerpt from the government of Ontario’s ‘Newsroom’
A worker was critically injured while moving a heavy metal beam at the Facility. Misteelco Inc. failed, as an employer, to ensure the beam was handled without endangering the safety of a worker as prescribed by section 45(b) of the Regulation for Industrial Establishments and contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On the day of the incident beams used in the fabrication of steel products were stored in piles in the yard of the Facility. When needed, beams would be brought into a workshop using a forklift.
A worker was assisting a co-worker in moving a 735-pound, 40-foot S-beam from a pile in the yard into the shop. The co-worker was operating a forklift to lift the beams, while the other worker was on the ground to help steer the beams as they were driven through the door of the shop. This was necessary because the door was only 20 feet wide, while the beams were 40 feet long.
The co-worker threaded a metal chain around the forks of the forklift and attached a beam clamp to the end of the chain, then drove the forklift to the centre of a pile of beams to lift and move an S-beam from the middle of the pile.
The worker who had been standing beside the pile held the beam to steady and guide it. While this was being done the chain on the forks settled causing the beam to wobble and fall out of the beam clamp. This resulted in a critical injury.
A Ministry of Labor, Immigration, Training and Skills Development investigation found that Misteelco Inc. failed to ensure the S-beam was transported, placed and stored so that it would not tip, collapse or fall, and could be removed or withdrawn without endangering the safety of a worker.
Following a guilty plea in Provincial Offences Court, Kitchener, Misteelco Inc. was fined $75,000 by Justice of the Peace Michael Cuthbertson; 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:
Misteelco Inc., was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 45, subsection (b) which states,
“Material, articles or things,
(b) shall be transported, placed or stored so that the material, articles or things,
(i) will not tip, collapse or fall, and
(ii) can be removed or withdrawn without endangering the safety of any worker.”
This is contrary to 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.”
This is just an accident waiting to happen.
I am wondering what type of control the MOL would be interested in to lift 40 ft beams and get them through 20 ft doors.
Hmm…
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.