Excerpt from the government of Ontario’s ‘Newsroom’
A worker was critically injured by an automatic roll-down door while operating a lift truck. Nova Cold Logistics ULC o/a Americold failed, as an employer, to ensure the bottom edge sensor on the roll-down H-Door was maintained in good condition, contrary to the Occupational Health and Safety Act.
On the day of the incident a worker at the Facility was instructed to move pallets of product from a loading dock to a freezer room with an electric lift truck.
After the pallets were moved into the room the worker drove toward the exit. A co-worker was standing in front of the exit door, known as the H-Door.
The H-Door is a large (8-foot wide, 12-foot high), high-speed, roll-down door operated by pull cords. Once a cord is pulled the door ascends quickly and remains open for seven seconds, after which it descends quickly unless the cord is pulled again.
As the co-worker saw the worker on the lift truck approach, the co-worker pulled the cord to open the H-Door.
The worker standing on the lift truck throttled it forward towards the door while looking backward and speaking to the co-worker. By this time, the door had started to descend and came in contact with the worker causing a critical injury. The door did not reverse when it struck the worker.
The H-Door was equipped with a sensor in its bottom leading edge. When it functions properly, the sensor causes the door to reverse if it meets resistance. The sensor was not functioning at the time. There is no other means of closing or stopping the descending door in the event something is under it. There was no means of warning or alerting a worker that the door was descending and that it would not reverse.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that Nova Cold Logistics ULC o/a Americold failed to ensure that equipment, materials and protective devices provided by the employer were maintained in good condition, as required by Section 25(1)(b) of the Occupational Health and Safety Act.
Following a guilty plea in Provincial Offences Court, London, Nova Cold Logistics ULC o/a Americold was fined $65,000 by Justice of the Peace Kristine Diaz. Crown Counsel was 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:
Nova Cold Logistics 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.”
I wondered if they had a health and safety committee? If they did, why did not someone come forward and let them know of the defective equipment.
Another good question is, “Where was the supervisor and was he/she competent to supervise?
All good questions and, again, no answers.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Forklift 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.