Report from the Ontario government’s ‘Newsroom’
A worker, employed by AM Wholesale Meats Ltd. of Mississauga, Ontario, a poultry processing and distribution facility, was injured by a falling pallet while operating a pallet truck in the shipping and receiving area. AM Wholesale Meats Ltd. failed to ensure that the measures and procedures prescribed by section 45(b)(ii) of Ontario Regulation 851 were carried out at the workplace, contrary to sections 25(1)(c) and 66(1) of the Occupational Health and Safety Act.
On March 7, 2024, a worker was operating a pallet truck to remove packaging materials from a racking system. The pallet truck hit a rack’s cross beam, which was not secured with locking pins. As a result, a pallet fell and injured the worker.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found the racking system had damaged diagonal cross braces and missing locking pins.
The company failed to ensure that the packaging materials were stored in a way that did not endanger a worker.
Following the incident, AM Wholesale Meats Ltd. re-certified its racking system, implemented daily equipment inspections, conducted additional health and safety training and hired a dedicated health and safety and quality assurance employee.
Following a guilty plea in the Provincial Offences Court in Mississauga, AM Wholesale Meats Ltd. was fined $50,000 by Justice of the Peace Leslie Calhoun. Crown Counsel were Alicia Gordon-Fagan and Nadine Nossibeh, Student-at-Law.
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:
AM Wholesale Meats Ltd. was found guilty of a contravention of the Ontario ‘Industrial Establishment’ sector regulation 851/90, section 45, sub-section (b) ii which states,
“Material, articles or things,
(b) shall be transported, placed or stored so that the material, articles or things,
(ii) can be removed or withdrawn without endangering the safety of any worker.”
This is contrary to 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.”
I would wager that AM Wholesale Meats Ltd. has a whole new attitude on health and safety in the workplace. The employer must ensure that safety is the over-riding priority in the workplace. The Ministry, obviously, pointed that out!
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘due Diligence’, ‘Forklift Certification’ and ‘Material Handling’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at
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.