Excerpt from the government of Ontario’s ‘Newsroom’
The Liquor Control Board of Ontario (LCBO) was found guilty after a trial and fined $100,000 after a worker was injured and a LCBO location was found to have an unsafe work environment.
On April 24, 2013, a LCBO worker was moving a pallet of product using a forklift at the LCBO store located at 170 Sandalwood Parkway in Brampton. As the worker began to insert the forks into the pallet, a sound was heard which caused the worker to get out of the forklift and investigate. The product on the pallet then fell on the worker, causing injuries.
A Ministry of Labour investigation determined that the pallet was moved without precautions being taken to ensure the safety of a worker.
The LCBO was fined $100,000 by Justice of the Peace Cristina Santos. Justice of the Peace Santos found that there were systemic problems at the Sandalwood LCBO location including multiple safety concerns from workers that were not responded to, and the injured worker was given forklift duties despite having out-of-date training.
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:
The LCBO was found guilty of a contravention of the Ontario Industrial Establishments regulation 851/90, section 45(a) which states,
“Material, articles or things,
- required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker.”
The LCBO was also guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
All it takes is to have strict adherence to a set of well written instructions for all jobs on the plant floor to ensure a safer workplace.
Here we have a government agency that did not see the benefit of proper training and to let a forklift operator’s ROT (record of training) lapse is unacceptable. The standard, from either the CSA standard, B335, or from the government of Ontario’s ‘Safe Operation of a Powered Lift Truck’ the renewal of such training is 36 months with a possible internal refresher every 18 months.
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 ‘Forklift Certification’ and ‘Forklift Re-Certification’. 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.
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