Excerpt from the government of Ontario’s ‘Newsroom’
A Beamsville company has been fined $275,000 after a worker was killed by a tractor-trailer in Brampton.
On October 25, 2012, a tractor-trailer being driven by a worker for G & R Inc. was backing up to a loading dock at Parmalat Canada Inc.’s facility at 16 Shaftsbury Lane in Brampton. Parked next to it was a mobile sales truck that was at the location to sell safety equipment. A Parmalat worker emerged from the mobile safety truck and was struck by the reversing tractor trailer; the stricken worker succumbed to the injuries.
On January 14, 2015 Parmalat pleaded guilty to failing as an employer to ensure that the measures and procedures prescribed by the regulation were carried out and was fined $290,000 in Brampton court. G & R Inc. was a sub-contractor to Parmalat Canada and used shunt drivers on the worksite.
On May 3, 2016 G & R Inc. was convicted under the Ontario Regulation 851 – the Industrial Establishments Regulation – of failing to use barriers, warning signs or other safeguards for the protection of all workers in an area where vehicle or pedestrian traffic may endanger the safety of any worker.
The company was also convicted of failing to operate a vehicle without use of a signaler who is in full view of the vehicle operator and who has a full view of the intended path of travel of the vehicle, as required by law.
The G & R sentence was handed down by Justice of the Peace Margot McLeod in Mississauga court on December 6, 2016 in an ex parte proceeding. This term refers to court proceedings where only one party is present.
The court also 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:
G & R Inc. was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851/90, section 20 which states,
“Barriers, warning signs or other safeguards for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker.”
G&R Inc. was also found guilty of a violation of the same regulation but 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 signaller 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.”
Finally, Parmalat Canada Inc., because they did not understand the regulations that were part of the actual work being done, were found guilty of section 25 of the Ontario Occupational Health and Safety Act (OHSA) subsection 1(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
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’ 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.