Blog Post #1658 – Workplace Injury Results in $65,000 Fine for Construction Equipment Manufacturer

Report from the government of Ontario’s ‘Newsroom’

A worker, employed by AMI Attachments Inc. of Hawksville, Ontario, a heavy construction equipment manufacturer, was seriously injured while operating a magnetic lifting device. AMI Attachments Inc. failed to assign a competent person to operate the lifting device, or to ensure the operator was instructed and accompanied by a competent person, as prescribed by section 51(2) of Ontario Regulation 851/90, contrary to sections 25(1)(c) and 66(1) of the Occupational Health and Safety Act.

On February 15, 2024, a young worker was tasked with moving steel from a receiving area onto storage blocks. To lift steel parts, workers use an overhead bridge crane hooked to chains, straps or magnetic devices. The decision on what device to use is based on their knowledge and experience.

To complete the task, the worker used a magnetic lifting device, attached to a chain that hung from the crane hook to pick up a square steel tube. It was half-an-inch thick and weighted 682 lbs. As the worker stood in an aisle between two steel racks, the steel tube became detached from the magnetic lift and fell about two feet to the floor, seriously injuring the worker.

A Ministry of Labour, Immigration, Training and Skills Development investigation determined that the young worker was not adequately trained on the use of the overhead crane and the magnetic lifting device and they were not accompanied or instructed by a competent person when they were performing the task.

Following a guilty plea in the Provincial Offences Court in Kitchener, AMI Attachments Inc. was fined $65,000 by Justice of the Peace Michael Cuthbertson; Crown Counsel was Judy L. 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:

AMI Attachments Inc., was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 51, subsection 2 which states,

“A lifting device shall be operated,

(a)  only by,

(i)  a competent person, or

(ii)  a worker being instructed who is accompanied by a competent person; and

(b)  in such a way that,

(i)  no part of the load passes over any worker,

(ii)  where a worker may be endangered by the rotation or uncontrolled motion of a load, one or more guide ropes is used to prevent rotation or other uncontrolled motion, and

(iii)  subject to subsection (3), when its load is in a raised position the controls are attended by an operator.”

This is in direct violation 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.”

The employer and supervisor MUST ensure that the employee is competent. The OHSA definition for “Competent Person” is,

“‘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.”

Ensure you meet this standard. Training is the key!

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.