Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Oakville Toyota, sustained injuries while performing a diagnostic assessment of a wheel bearing in a truck. The company failed, as an employer, to protect the worker, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
1958040 Ontario Inc., also known as Oakville Toyota, is an automobile dealership and service centre.
On February 5, 2022, a Toyota truck was on a lift in the service centre while being assessed for a defective or damaged wheel bearing.
A journeyperson automotive technician, who was assigned to troubleshoot, was aided by two apprentices.
The journeyperson stationed the first apprentice in the cab of the elevated truck to operate it, contrary to the lift manufacturer’s operating manual and safety documents from the Automotive Lift Institute. The second apprentice was beneath the vehicle observing the journeyperson.
Both the journeyperson and the second apprentice had long hair tied back in a ponytail, which was allowed by the company’s safety procedures. Due to their height, they had to bend down to work beneath the elevated vehicle.
To proceed with the diagnostic testing, the first apprentice started the engine, put the vehicle in gear and accelerated to 60 kilometers per hour. This engaged several moving parts of the vehicle.
When the second apprentice bent over under the vehicle then stepped back to observe the diagnostic process, their hair was drawn into the rotating drive shaft. Consequently, they sustained several injuries.
An investigation by the Ministry of Labour, Immigration and Training and Skills Development determined that the company did not have a safe procedure for diagnosing problems with wheel bearings. A safe procedure would have prohibited workers from working underneath a vehicle while it was being operated.
My opinion
The law(s) in contravention:
Oakville Toyota was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
(h) Take every precaution reasonable in the circumstances for the protection of the worker.”
My staff at HRS Group Inc., and well as most safety professionals in Ontario know this section. It is used quite often and we use it in most of our programs.
In this case, a JHA, ‘Job Safety Assessment’, should have been completed prior to any work being done.
One might say that the length of hair may be the issue but the hazard existed and needed to be identified, and controlled. It cost them $60,000 to find this out.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. 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.