Blog Post #275 – Peton Distributors ULC Fined $70,000 after Worker Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

Peton Distributors ULC, a distribution warehouse for Pet Valu stores, was fined $70,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On March 29, 2010, at the Peton warehouse on Martin Grove Rd. in Toronto, a worker was loading a skid with items for an order. The worker was standing in front of the skid when a pallet truck carrying another skid collided with the worker. The worker’s ankle was crushed between the two skids.

A Ministry of Labour investigation found that the load on the pallet truck was too high for its driver to properly see past. This obscured the driver’s view of where the truck was going, and of the injured worker who was in that path.

Peton Distributors ULC pleaded guilty to failing to take the reasonable precaution of requiring workers to stack items on a pallet truck in a way that allows for a clear view of the truck’s path of travel.

The fine was imposed by Justice of the Peace Jerry Rosenfield. 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.

My opinion

The law(s) in contravention:

Peton Distributors ULC was found guilty of violating section 25 (2)(h) of the OHSA which states,

“The employer shall take every precaution reasonable in the circumstances for the protection of the worker.”

Over the past year and a half, I have committed to bringing the health and safety in the workplace to the public eyes. Many companies do not understand their responsibilities when dealing with their own workforce. It is up to people like us to bring the news to the masses and ensure that all precautions reasonable have been taken. Here we have another company not understanding all the thinks needed to protect their workers. Section 25 (2)(h) is one of the most used passages of the OHSA.

Peton should have been content with the fines as there are many numerous fines that could have been levied and Peton needs to review the CSA standard B335-15 to look up more of the standard needed for the fork lift drivers to be competent. Having a full view of the intended path of travel is part of the training that MUST be mastered prior to any driver getting behind the wheel. The supervisor needs to know this as well so the workplace standards are being adhered to.

By the way,

Peton Distributors ULC could have been found guilty of a contravention of the Ontario ‘Industrial’ 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.”

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.

We can also be reached at 

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.