Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by MTCA Inc., was seriously injured after being struck by a forklift. The company failed to ensure that the measures and procedures prescribed under section 11(a) of Ontario Regulation 851/90 were carried out at the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On May 1, 2023, a dryer broke down for approximately three hours, causing a trail of water to form down the aisle where workers were using forklifts to transport totes, the containers used to transport or store materials. The forklifts were not equipped with the proper tires suitable for wet environments.
One worker driving a forklift down the aisle lost control and collided with another worker approaching their forklift, causing serious injuries.
Following a guilty plea in provincial offences court in Guelph, MTCA Inc. was fined $70,000 by Justice of the Peace Walter W. Rojek. Crown Counsel was Katie Krafchick.
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:
MTCA Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 11(a) which states,
“A floor or other surface used by any worker shall,
(a) be kept free of,
(i) obstructions,
(ii) hazards, and
(iii) accumulations of refuse, snow or ice.”
This is in direct 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.”
Forklift “Competency” training discusses the need to always be aware of the surroundings and changing conditions especially the floors. Slippery conditions mean the driver(s) must take the condition into the operation and slow down for better control.
The class V pneumatic tire would have been the best to use in this condition but the report seem to have hard cushion tire forklifts and these do not stop on a dime.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘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.