Blog Post #689 – General Kinetics Engineering Corporation Fined $50,000 after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

General Kinetics Engineering Corporation, a manufacturer of vehicle suspension systems, has been fined $50,000 after a worker fell from a ladder.

On October 10, 2012, a worker was cleaning and painting support beams at the company’s Brampton facility. The worker was standing on a ladder that was propped against a wall. Meanwhile, a second worker started using an overhead crane to move a bundle of steel tubes. As the crane moved along the perimeter of the building, it knocked the worker to the concrete floor 13 to 14 feet below. The worker suffered lacerations to the head and bruising to the body.

A Ministry of Labour investigation found that the worker operating the crane had not been informed another worker was painting in the area. The crane was also not locked out or shut down to prevent its use while the first worker was painting in the area.

General Kinetics Engineering Corporation pleaded guilty to failing to take every precaution for the protection of a worker from the danger of an overhead crane.

The fine was imposed by Justice of the Peace Jeannie Anand. 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:

General Kinetics Engineering Corporation was found guilty of a contravention of section 25, subsection 2 (h) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“An employer shall,

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

Would it have been too much for the employer to have reviewed the issue and ensured that all hazards, (this time a crane) were eliminated or controlled?

The rules about worker safety are laid out in the OHSA as well as the appropriate sector regulations. All employer are to review and put into place anything that is appropriate to their own workplace.

It does seem quite foolish to have had this happen. Where was the supervision? Did anyone even think about the worker on the ladder? I guess not.

What do you, the reader, think should have been set up ahead of time?

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’, ‘Overhead Crane Certification’ 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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