Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Fidelity PAC Metals Ltd. of Milton, Ontario, a distributor of metal bars and pipes, was injured while taking inventory of metal rods. By not ensuring the rods were stored correctly, Fidelity PAC Metals Ltd. failed to ensure that the measures and procedures prescribed by section 45, subsection (b) of Ontario Regulation 851/90 were carried out at the workplace, contrary to sections 25(1)(c) and 66(1) of the Occupational Health and Safety Act.
On December 10, 2022, an administrative worker was helping take inventory in the warehouse’s bar storage area. While the worker was checking product tags on a lower rack, a forklift operator was removing a bundle of rods from an adjacent upper rack. This movement caused another bundle of bars to fall, injuring the worker taking inventory.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that the spacing between racks was inadequate, material was not properly centered and exclusion zones for pedestrian safety were not clearly identified.
Following the incident, the company implemented corrective measures, including realigning and spacing racks properly, marking exclusion zones and replacing damaged equipment.
Following a guilty plea in the Provincial Offences Court in Halton, Fidelity PAC Metals Ltd. was fined $60,000 by Justice of the Peace Marsha Farnand. Crown Counsel was Judith Parker.
The court also imposed a 25 per cent victim fine surcharge on the defendant, 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:
Fidelity PAC Metals was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 45, subsection (b) which states,
“Material, articles or things,
(b) shall be transported, placed or stored so that the material, articles or things,
(i) will not tip, collapse or fall, and
(ii) can be removed or withdrawn without endangering the safety of any worker.”
This is in direct violation of 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.”
Material Handling can be a dangerous occupational if hazards exist and are ignored.
The question here may have been not “If” the accident was going to happen but “when.”
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.