Excerpt from the government of Ontario’s ‘Newsroom’
2236376 Ontario Inc., of Fort Erie, Ontario, was operating in a partnership as Patriot Forge Co., a company that processes metal parts.
The defendant failed to ensure that an overhead crane was blocked and prevented from movement during maintenance and troubleshooting, as required by section 75 of Regulation 851, a violation of section 25(1)(c) of the Occupational Health and Safety Act.
On March 29, 2022, two workers used a scissor lift to troubleshoot a 25-ton overhead crane that had been taken out of service due to a malfunctioning hoist. The workers were unable to determine the problem and the crane was put back into service.
Later that day, the hoist of the crane malfunctioned again and the two workers used the scissor lift to bring them up towards the side of the crane to reassess the problem.
As the workers were completing the task, the crane chassis began to move toward the scissor lift holding the workers. The platform was tipped over causing the workers to fall approximately 21.5 feet to the concrete floor below. The first worker suffered critical injuries and the second worker suffered fatal injuries in the fall.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the crane had not been de-energized and locked out during the troubleshooting and maintenance, nor had it been blocked and prevented from movement.
By failing to ensure that the crane was blocked and prevented from movement during maintenance or troubleshooting, the defendants contravened section 75 of Regulation 851, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
Following a guilty plea in provincial offences court in Brantford, the numbered company was fined $220,000 by Justice of the Peace Eileen Walker. Crown Counsel was Wes Wilson.
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:
Patriot Forge Co. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 75 which states,
“A part of a machine, transmission machinery, device or thing shall be cleaned, oiled, adjusted, repaired or have maintenance work performed on it only when,
(a) motion that may endanger a worker has stopped; and
(b) any part that has been stopped and that may subsequently move and endanger a worker has been blocked to prevent its movement.”
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.”
Patriot Forge Co. would have been better served if they had contacted HRS Group Inc. which covers the safe operation of overhead cranes. Our newest trainer, Jody Patterson, is a retired millwright and welder with over 25 years of safety work as part of an internal safety committee. He could have given advice on blocking overhead cranes when performing repair and any maintenance.
HRS Group Inc. has a great team that can help you with all your health and safety needs. 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.