Excerpt from the government of Ontario’s ‘Newsroom’
Performance Finishing & Fabrication Inc. failed to ensure that a metal beam was secured and would not fall while being transported on a forklift, as required by 45(b)(i) of Regulation 851, a violation of section 25(1)(c) of the Occupational Health and Safety Act.
On June 1, 2022, a worker and the president of the company were working together to place a metal beam (33’7″ x 10″ x 2.5″) beside another metal beam, to manufacture a steel trailer frame for a mobile home.
The company president was transporting a metal beam on a forklift. The worker was on the ground to steady the beam being lifted.
The metal beam was not secured to the forklift, and the unsecured metal beam went over the head of the worker before falling off the forklift to the ground, striking the worker and causing fatal injuries.
Following a guilty plea in provincial offences court in Ottawa, Performance Finishing & Fabrication Inc. was fined $110,000 by Justice of the Peace Karen Baum. Crown Counsel was Alicia Gordon-Fagan.
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:
Performance Finishing and Fabrication Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 45, subsection (b)(i) 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.”
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.”
Very simple here. The material must be moved ONLY when the job has been assessed and all potential hazards are considered and hazard controls are to be put into place prior.
I wonder if this was an on-going issue. The president should have known better.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Material Handling’ and ‘Proper Lifting Techniques’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at info@hrsgroup.com
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.