Report from the government of Ontario’s ‘Newsroom’
A worker, employed Millwick Waste Recycling Inc. of North York, Ontario, a full waste recycling company, was fatally injured in a wheel-loader collision. The company failed, as an employer, to ensure that the measures and procedures prescribed by section 56 of Ontario Regulation 851/90 were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On February 15, 2023, a worker was fatally injured by a front-end loader. A Ministry of Labour, Immigration, Training and Skills Development investigation determined that the loader’s operator did not have a full view of the intended path of travel due to the elevated position of the loader’s bucket.
Following a guilty plea in the Ontario Court of Justice in Toronto, the company was fined $110,000 by Justice Maureen Bellmore; Crown Counsel was Shantanu Shankar Roy.
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) of contravention:
Millwick Waste Recycling Inc., was found guilty of a contravention of the sector 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 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.”
This is in direct 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.”
Sad, isn’t it? Another operator of a forklift and no vision going forward.
Questions that needed to be asked and answered:
- Where was the training?
- Did the training cover operating a vehicle with no visibility?
- Was the operator competent?
By the way, the definition of “Competent Person” is listed in the OHSA, which states,
““Competent Person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace.”
- Was the supervisor ‘Competent’ as well?
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.