Excerpt from the government of Ontario’s ‘Newsroom’
A worker was injured while replacing the hydraulic cylinders on a scissor lift when the lift’s platform and lifting mechanism collapsed. Amco Farms Inc., a company that grows, packages and ships produce, failed to ensure that the platform and lifting mechanism were securely and solidly blocked to prevent the equipment from falling or moving, contrary to section 74 of Ontario Regulation 851 under the Occupational Health and Safety Act.
On April 25, 2022, two workers were asked to replace the hydraulic cylinders on a scissor lift since they were leaking and required re-sealing.
One worker elevated the platform of the lift and positioned the forks of a forklift just below the platform to allow the other worker to go underneath the platform to access the hydraulic cylinders.
While the first worker operated the lift, the second worker went inside the lift and removed one of the cylinders. As the worker was removing the second cylinder, the rollers supporting one end of the lift’s platform released from their guide rail, causing the platform and the lifting mechanism to collapse down, injuring the worker.
Following a guilty plea in Provincial Offences Court in Windsor, Amco Farms Inc. was fined $70,000 by Justice of the Peace Angela Renaud. 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:
Amco Farms Inc., was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 74 which states,
“Machinery, equipment or material that is temporarily elevated and under which a worker may pass or work shall be securely and solidly blocked to prevent the machinery, equipment or material from falling or moving.”
This contravenes section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA), which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
There is a support bar on every scissor-lift that is supposed to be in place when repair work begins. The support bar will protect the scissor-lift from dropping after the hydraulic cylinders are disengaged.
Why did they not use this?
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Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.
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