Excerpt from the government of Ontario’s ‘Newsroom’
A worker was fatally injured while replacing a faulty hydraulic hose on a forklift. Revital Polymers Inc. failed, as an employer, to ensure the forklift was not left unattended, contrary to section 58 of the Regulation for Industrial Establishments and a violation of section 25(1)(c) of the Occupational Health and Safety Act.
On June 24, 2022, a worker and a heavy equipment mechanic were in the company’s forklift shop preparing a C34 forklift to have its faulty hydraulic hose replaced.
They used a second N4 forklift to lift the bucket on the C34 forklift and allow the mechanic to access the hydraulic hose. The workers also attached a chain to the top cross-pieces of the inner and outer mast sections of the C34 forklift to prevent its inner sections from moving, and they placed a metal stand underneath the bucket of the C34 forklift.
The worker then left the forklift shop and the mechanic started work on the forklift. The mechanic was working alone.
Upon hearing a noise from the forklift shop, the same worker returned to check on the mechanic and found the mechanic caught between the mast and cab of the forklift. The mast had fallen towards the cab frame while the mechanic was positioned there, causing fatal injuries.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that there were no operators at the controls of either the C34 or N4 forklifts. This resulted in both forklifts being left unattended with their attachments in the raised position, contrary to section 58 of the Regulation for Industrial Establishments.
Following a guilty plea in the Ontario Court of Justice, Sarnia, Revital Polymers Inc. was fined $60,000 by Judge Deborah J. Austin. Crown Counsel was David McCaskill.
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:
Revital Polymers Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 58 which states,
“Powered equipment shall not be left unattended unless forks, buckets, blades and similar parts are in the lowered position or solidly supported.”
This is a contravention 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 chance for a hydraulic failure and mast collapse was very evident to anyone that has been around forklifts. The operator looks for leaks in the pre-use inspection and, if one is identified, the forklift is taken out of service and repaired. The expectation is that the mechanic would follow maintenance requirements and safeguards that the manufacturer would state in the manual.
I guess the company, and the mechanic in particular, did not brush up on this type of repair and it cost him his life.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Standard Operating Procedures’ as well as ‘Forklift Certification’ and ‘Forklift Re-Certification’.
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.