Excerpt from the OH&S Canada magazine
A Numbered company operating as Millennium Crane Rentals Limited was fined $70,000 on July 9, 2013 following a fatality.
On April 16, 2009, a crane owned by Millennium Crane Rentals rolled into an excavation in fatally pinned a worker to the wall. Ontario’s Ministry of Labour (MOL) reports that a post-incident inspection found the crane was in disrepair. Parts of the braking system were broken and deteriorated, including seized calipers and worn-out brake pads and drums. These defects should have been noticed by a competent worker inspecting the crane, the Ministry adds.
Millennium Crane Rentals was found guilty of failing to ensure the crane was maintained in a condition that would not endanger a worker.
My opinion
Every lifting device in Ontario, in most of the working sectors, has to be operated by a competent person, as an example, section 51, subsection 2 (a) of the Ontario ‘Industrial’ regulation 851/90 s states;
“A lifting device shall be operated,
(a) Only by,
(i) A competent person, or
(ii) A worker being instructed who is accompanied by a competent person.”
Here we find that the inspection was not conducted on the piece of equipment being used. Why? Forklift MUST be inspected, EWPs have to be inspected so why was this piece of equipment excluded?
Furthermore, Forklifts under CAN/CSA B335, EWPs under CAN/CSAs B354.1, B354.2, B354.3 and B354.4 and Mobile Cranes under CAN/CSA Z150 all lay out conditions and maintenance schedules for each. Obviously, CAN/CSA Z150 was never read by Millennium Crane Rentals to better ready the company to lease.
Actually, since this was a leasing company then section 31 of the OHSA was violated and it states,
“Every person who supplies any machine, device, tool or equipment under any rental, leasing or similar arrangement for use in or about a workplace shall ensure,
(a) That the machine, device, tool or equipment is in good condition;
(b) That the machine, device, tool or equipment complies with this Act and the regulations; and
(c) If it is the person’s responsibility under the rental, leasing or similar arrangement to do so, that the machine, device, tool or equipment is maintained in good condition.”
Please ensure that your workplace is a safe place. Read the appropriate sections of the Occupational Health and Safety Act (OHSA) and sector regulations as well as the engineering standards listed in the operator’s manual and the CSA. You can build your SOPs with this information and safety can be applied to the job at the beginning instead when required or ordered to.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.