Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Precision Stamping of Windsor, Ontario, an industrial stamp press factory, was critically injured after being pinched between two metal racks due to a forklift collision. The company failed, as an employer, to ensure that the equipment was maintained in good condition, as required by section 25(1)(b) of the Occupational Health and Safety Act.
On November 28, 2022, a quality technician was critically injured while inspecting previously stamped metal parts held on metal racks. At the time of the incident, the worker was conducting inspections between two racks when a forklift collided into the racks, creating a pinch point. The forklift driver had noted issues with the brakes, which failed completely during the incident.
Following a guilty plea in the Provincial Offences Court in Windsor, the company was fined $60,000 by Justice of the Peace David John Auger; 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:
Precision Stamping was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(b) which states,
“An employer shall ensure that,
(b) the equipment, materials and protective devices provided by the employer are maintained in good condition.”
There are many questions that needed to be asked and answered.
- Was the operator certified “Competent”?
- Was the supervisor deemed “Competent” as well?
- Was a before shift safety inspection on the forklift completed?
- Was the forklift regularly checked by a third party at least once a year?
All good questions, but as always, no proper answers.
For those not knowledgeable about a forklift, they are extremely heavy and do not stop on a dime. For example, a 4,000 lb. capacity forklift weighs close to 7,500 lbs without a load. Way too heavy to take for granted.
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.