Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Stobag North America Corporation of Burlington, Ontario, a manufacturer of sun shading systems including awnings, canopies and blinds, sustained critical injuries after a fall from an elevated work platform that was struck by a moving toolbar. The company failed to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
On the day of the incident a worker was investigating a recurring issue with an electrical limit switch on the facility’s Powder Coating Line (PCL) drying oven.
The PCL is a production line on which aluminum parts used in the manufacturing of awnings are cleaned, dried and powder coated. The parts are transported on toolbars by an overhead conveyor system.
While a worker was ascending on a powered lift to access the top of the oven, the lift was struck by a seven-metre-long toolbar being transported by an overhead conveyor.
The impact caused the lift to tilt, and the worker, who was not wearing a fall arrest harness at the time, fell approximately 14 feet, sustaining critical injuries.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that Stobag specifically failed to take the reasonable precaution of ensuring that control measures and/or methods were in place to prevent material in motion from striking the elevated lift contrary to the Occupational Health and Safety Act.
Following a guilty plea in Burlington/Halton Region Provincial Offences Court, Stobag North America Corporation was fined $50,000 by Justice of the Peace Helena Cassano; Crown Counsel was Shantanu Shankar Roy.
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:
Stobag North American Corporation was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
Take every precaution reasonable in the circumstances for the protection of a worker.”
The worker must be tied-off and the overhead conveyor should have been locked and tagged out while the EWP is in the general vicinity. These are standard working procedures when working from an EWP in an industrial setting.
I would wager Stobag has the procedures in place now!
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Safe Work 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.