Blog Post #415 – Rona Building Centre of North Bay – Operator Fined $65,000 after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

4536631 Canada Inc., the Quebec owner and operator of a Rona Cashway Building Centre in North Bay, was fined $65,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On August 12, 2010, workers were cleaning a drywall warehouse at the building centre. They were using a forklift to help them organize materials. A young worker on the team approached the forklift and walked behind it, thinking eye contact had been made with its operator. The forklift operator reversed the forklift towards the young worker at a high speed and did not see the young worker in time to avoid a collision. The forklift struck and ran over the young worker, causing bone fractures and nerve damage.

A Ministry of Labour investigation found that there were no adequate warning signs or barriers in place to protect workers where the forklift was being used.

4536631 Canada Inc. pleaded guilty to failing to ensure that barriers, warning signs or other safeguards were in place to protect workers in an area where vehicular traffic may endanger a worker.

The fine was imposed by Justice of the Peace Diane Lafleur. 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:

4536631 Canada Inc. was found guilty of a contravention of section 20 of the Ontario ‘Industrial’ regulation 851/90 which states,

“Barriers, warning signs or other safeguards for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker.”

The SOP for this process was, either not in place or not there altogether. The law is explicit in the use of machinery and we need to consider they are working in a safe area, especially where there may be heavy equipment.

Safety does not have to be an expensive issue. It just takes a change, as a company, towards ‘safety’ awareness. There has to be support from upper management to make this work.

Remember – In Ontario, “ALL Accidents are Preventable”

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HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Forklift Certification’ , ‘Forklift Re-Certification’ and ‘Due Diligence’. 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.