Blog Post #422 – M & M Painting and Sand Blasting Ltd. Fined $70,000 after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

M & M Painting and Sand Blasting Ltd., of Cayuga, ON, was fined $70,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On May 9, 2010, workers from M & M Painting and Sand Blasting Ltd. were painting structural steel components for a company in Hamilton. A steel sheave was resting on the forks of a forklift while workers spray painted it from below. It was not secured to the forks. A gust of wind blew the sheave, causing it to fall off the forklift and seriously injure a worker.

M & M Painting and Sand Blasting Ltd. was fined $70,000 for failing to ensure that the sheave was secured against tipping or falling.

The fine was imposed by Justice of the Peace Paul Welsh. 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:

M&M Painting and Sand Blasting Ltd. was found guilty of violating section 46 of the Ontario ‘Industrial’ regulation 851/90 which states,

“Machinery, equipment or material that may tip or fall and endanger any worker shall be secured against tipping or falling.”

Can you picture parts left on the forks of a forklift so they can be painted? Can you picture the absurdity of it all? It sounds to me that they ALWAYS were doing things like this and the accident was going to happen sooner or later.

I still cannot believe this report when I first read it. All it would have taken was a proper set of safe work instructions, where the workers’ safety comes first, and this all could have been avoided. But then, I would never find enough resource material out there to provide for my readership. I guess I cannot have one without the other.

I can, however, state the stupidity of the situation.

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 ‘Forklift Certification’,‘Forklift Re-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 

‘Work’ and ‘Play’ safe.

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