Blog Post #681 – Action Trailer Sales Inc. Fined $50,000 after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

Action Trailer Sales Inc., a company that sells, leases, maintains and repairs all types of semi-trailers, has been fined $50,000 after a worker was injured while changing equipment on a trailer.

On September 17, 2012, two workers employed by Action Trailer Sales were working together at the company’s worksite at 2332 Drew Road in Mississauga. The workers were tasked with changing the tires and bogie of a trailer; a bogie is the assembly that includes the tires, suspension, brake and axle system that attaches to the trailer box.

The workers changed the tires and were working on opposite sides of the trailer to remove the bogie from under the trailer. One of the workers, believing the trailer was still supported on the jack, was partly under the trailer as he attempted to free up a stuck slider lock pin. At that point, the trailer came down and pinned the worker, who sustained critical head and facial injuries.

Action Trailer Sales pleaded guilty to failing to take the reasonable precaution of establishing and maintaining a safe procedure for changing a bogie on a trailer, contrary to Section 25, subsection (2h) of Ontario’s Occupational Health and Safety Act.

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:

Action Trailers Sales was found guilty of a contravention of section 25, subsection 2 (h) of the Occupational Health and Safety Act, (OHSA) which states,

“An employer shall,

Take every precaution reasonable in the circumstances for the protection of a worker.”

Was there a safety meeting with the supervisor? If not, then why not? Does the company have a set of safe operating procedures? If not then why not? If so, were they discussed and reviewed prior to the operation?

All these questions (and more) were needed to be asked and answered prior to the work was to be done.
Ensure that your workplace is a safe place.

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 – Advanced Level
VP & Senior Trainer
HRS Group Inc.

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