Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Inject Tech Plastics of Kitchener, Ontario, a company that provided molding solutions and assembly services to the medical, automotive and consumer industries, was critically injured after they backed into racking while operating a lift truck. By failing to provide proper training and supervision to the worker on the safe operation of lift trucks, Inject Tech Plastics failed to ensure that the measures and procedures as prescribed by section 51(2)(a) of Ontario Regulation 851/90 were carried out at the workplace, contrary to section 25(1)(c) and section 25(2)(a) of the Occupational Health and Safety Act.
On August 12, 2022, a worker backed into racking while operating a lift truck and was critically injured.
The worker and a production supervisor were initially trained by a third party at the workplace on a different brand of lift truck. They noticed the training skipped over sections that should have been covered. The employer also failed to train workers on new brands of lift trucks, such as the one used in the incident.
The progressive discipline policy for lift truck drivers who had hit something was also not followed, indicating that supervision of lift truck operators was lacking. It was determined this incident occurred due to a lack of proper training and supervision on the safe operation of lift trucks.
Following a trial in the Provincial Offences Court in Kitchener, Inject Tech Plastics was fined $50,000 by Justice of the Peace Lloyd Phillipps; 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:
Inject Tech Plastics was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 51, subsection 2 (a) which states,
“A lifting device shall be operated,
(a) only by,
(i) a competent person, or
(ii) a worker being instructed who is accompanied by a competent person.”
This was 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.”
The employer also has a responsibility under the OHSA, section 25, subsection 2(a) which states,
“An employer shall,
- provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
As the reader can see, the employer has a major responsibility to do everything reasonable to protect their workers.
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.
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.