Report from the Ontario government’s ‘Newsroom’
A worker, employed by Wolf Steel Ltd. of Barrie, Ontario, was critically injured while moving pieces of wood on a wooden cart. By failing to ensure the cart provided to move materials did not endanger the safety of the worker, Wolf Steel Ltd. failed to ensure that the measures and procedures as prescribed by section 45(a) of Ontario Regulation 851/90 were carried out at the workplace, contrary to sections 25(1)(c) of the Occupational Health and Safety Act.
On October 24, 2022, a worker was moving pieces of wood on a four-wheeled wooden cart. While the worker was moving the materials, the cart and its contents toppled, critically injuring the worker.
The cart was made at the company, which manufactures fireplaces, grills, and gas furnaces. It was used to move material around the workplace for over 15 years.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that the employer did not take the precautions or safeguards needed to ensure the lifting, carrying or moving of the material did not endanger the worker.
Following the incident, the employer replaced all wooden carts with manufactured carts with identified specifications and load capacities.
Following a guilty plea in the Provincial Offences Court in Barrie, Wolf Steel Ltd., was fined $50,000 by Justice of the Peace Catherine M. Shoniker; Crown Counsel was Alicia Gordon-Fagan.
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:
Wolf Steel Ltd., was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 45, subsection (a) which states,
“Material, articles or things,
- required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker.”
This is contrary to section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA), which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
I guess the Wolf Steel felt that a make-shift trolley cart, made of wood, would handle any type of condition. Wrong!
The also must understand that all things, built and/or assembled must comply with good engineering practice.
I wonder who authorized use of the cart?
HRS Group Inc. has a great team that can help you with all your health and safety needs including “Due Diligence”.
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.
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