Excerpt From the Ontario Government’s ‘Newsroom’
TDL Spring & Suspension Specialists Inc., an Ottawa company that repairs trucks and buses, was fined $120,000 on May 11, 2009, for violations under the Occupational Health and Safety Act (OHSA), after a worker was fatally injured.
On June 7, 2007, a TDL employee at the company’s shop on Hawthorne Road was repairing the valve stem on the rear tire of a recycling truck. A side bin on the truck was elevated to allow work on the tire but was not braced to prevent movement. When the side bin accidentally released, it came down and trapped the worker between the bin and the tire. By the time the worker was freed, the worker had sustained fatal crushing injuries and died en route to hospital.
A Ministry of Labour investigation found that the employer had failed to ensure the elevated side bin was blocked or braced to prevent subsequent movement. The recycling bin was equipped with blocking pins to prevent the bin from falling, but these were not used, and the employer did not have proper tools to block or support the bin.
TDL Spring & Suspension Specialists Inc. was found guilty under the OHSA of failing to ensure that equipment which is temporarily elevated is securely and solidly blocked to prevent the equipment from falling or moving, as required under Ontario regulations for industrial establishments.
The fine was imposed by Justice of the Peace B. Mackey. In addition to the fine, the court also imposed a 25-per-cent victim fine surcharge on the total, 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:
TDL Spring was found guilty of a contravention of the Ontario ‘Industrial’ regulation section 74 which states,
“Machinery, equipment or material that is temporarily elevated and under which a worker may pass or work shall be securely and solidly blocked to prevent the machinery, equipment or material from falling or moving.”
TDL Spring was also found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, 1 (c) which states,
“An employer shall ensure that the measures and procedures prescribed are carried out in the workplace.”
Here we find another employer not understanding the responsibilities that are laid out by the ACT. In this case, a worker died because of their negligence. How else can on spell it out. How simple would have been to have blocked the side bin.
I realize hindsight is 20-20 but maybe when the word gets out, more companies will decide to open the green book on a regular basis and review all aspects of their work. The ACT is referenced well so all standards, codes and guidelines must be followed.
I surely hope the family is compensated. It will go a long way in easing the family’s burdens in their hour of need.
Remember — In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.