Excerpt from the government of Ontario’s ‘Newsroom’
Dream Party Decor of Mississauga pleaded guilty and has been fined $100,000 for the death of a temporary worker struck by a truck at a loading dock.
On March 22, 2014 the company, which is in the business of setting up decorations and amenities at rental halls, had a temporary worker helping unload a truck at the loading dock of the company facility at 1415 Bonhill Road.
The truck driver did not have a clear and unobstructed view behind the truck towards the loading dock and there was no signal person present. The truck reversed, struck the worker and pinned the worker between the truck and the loading dock edge. The worker suffered fatal injuries as a result of being struck.
Dream Party Decor was convicted of failing to comply with section 56 of the Industrial Establishments Regulation, which requires a signaller to be present when the operator of a vehicle does not have a clear view of the vehicle’s path when reversing.
The fine was imposed by Justice of the Peace V. Albert Chang Alloy in Brampton court on July 5, 2016.
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.
The law(s) in contravention:
Dream Party Décor was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851/90, section 56 which states,
“Where the operator of a vehicle, mobile equipment, crane or similar material handling equipment does not have a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment or its load, the vehicle, mobile equipment, crane or similar material handling equipment shall only be operated as directed by a signaler who is a competent person and who is stationed,
(a) in full view of the operator;
(b) with a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load; and
(c) clear of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load.”
Where was the supervisor in all this? Why did the worker ever have to be placed at risk? Was there a training module and hazard assessment completed prior?
All these questions and many more should have been asked and answered. The workforce will always be at risk until management understands the Ontario Occupational Health and Safety Act (OHSA) and appropriate sector regulations listed below,
- Construction – 213/91
- Industrial – 851/90
- Mining – 854/90, and
- Healthcare – 67/93
Ensure 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’, ‘Material Handling Safety’, ‘Loading Dock Safety’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.