Blog Post #382 – SMG Canada Ulc. Fined $55,000 after Worker Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

SMG Canada Ulc., carrying on business in partnership with Arcturus SMG Canada, a company that manages public facilities, was fined $55,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On November 18, 2009, two of the company’s workers at K Rock Centre in Kingston were unpacking a crate containing sheets of tempered arena glass. The workers removed the front panels of the crate and looked at the glass inside. The glass looked like it was tipped away from them. One of the workers left the area while the other worker cut the straps securing the glass in the crate. The glass, which was not actually tipped backwards in the crate, fell onto the worker. The worker sustained leg injuries.

A Ministry of Labour investigation found that the worker had never unpacked glass crated this way and the worker had not been advised that it was a safety hazard to unpack glass without assistance.

SMG Canada Ulc., carrying on business in partnership with Arcturus SMG Canada, pleaded guilty to failing to acquaint the worker with any hazard in the unpacking of the glass.

The fine was imposed by Justice of the Peace Lorraine Watson. In addition to the fine, the court 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:

SMG Canada UlC was found guilty of violating section 25, subsection ‘2’, clause ‘d’ which states,

“The employer shall 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.”

SMG Canada should have had a set of SOPs (standard operating procedures) which include all safety issues and hazards that deal with that particular job. The employer has to ensure that the worker has been given all information necessary to accomplish the task at hand in a safety and effective manner.

SMG Canada forgot that particular part of their responsibility. I bet they have it in place now.

Another question, where was the supervisor in all this?

Remember – In Ontario, “ALL Accidents are Preventable”

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.

We can also be reached at 

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.