Blog Post #1690 – Niagara Falls Manufacturer Fined $220,000 Following Workplace Fatality

Report from the government of Ontario’s ‘Newsroom’

Brunner Manufacturing & Sales Ltd., a manufacturer of commercial vehicle components, failed, as an employer, to acquaint workers with the hazards of deviating from instructions provided in a machine’s operating manual, contrary to section 25(2)(d) of the Occupational Health and Safety Act.

On June 24, 2023, two workers at Tecna Forge, a division of Brunner Manufacturing & Sales Ltd., were removing a shim, a type of metal spacer, from a press. It was the first time the workers had performed this specific task.

One worker was in an elevated man-basket attached to a lift truck and the other was seated in the cab of the lift truck working the controls.

The workers had removed the machine’s diaphragm piston assembly, which weighed approximately 2,750 pounds, and it was suspended in the air by an overhead crane.

One worker exited the lift truck and climbed a ladder to help reposition the assembly when it swung towards them and both the assembly and the worker fell to the ground.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the press’s manual outlined a procedure to safely remove its diaphragm piston assembly using guide studs. However, the workers had used modified steel bolts instead and placed them closer together than recommended, compromising the stability of the suspended load. The workers had also left the assembly suspended contrary to the manual’s instructions.

Following a guilty plea in the Welland Provincial Offences Court, Brunner Manufacturing & Sales Ltd. was fined $220,000 by Justice of the Peace Carol Chernish; Crown Counsel was Patrick Travers.

The court also imposed a 25 per cent victim fine surcharge on the defendants, 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:

Brunner Manufacturing & Sales Ltd. was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(d) which states,

“An employer shall,

(d)  acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent.”

As a forklift and overhead crane trainer, I could not believe the worker(s) were not aware of NOT leaving the controls unattended as explained in section 51, subsection 2 (b) of the Ontario ‘Industrial Establishments’ sector regulation 851/90 which states,

“A lifting device shall be operated,

(b)  in such a way that,

(iii)  subject to subsection (3), when its load is in a raised position the controls are attended by an operator.”

There should have been a JHA completed prior to the work being done.

Was the supervisor aware of the hazards and not passed his/her knowledge to the workers?

All good questions, and not answers.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

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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.