Blog Post #251 – Tomlinson Waste Management Inc. Fined $50,000 after Worker Injured

Blog Post #251 – Tomlinson Waste Management Inc. Fined $50,000 after Worker Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

Tomlinson Waste Management Inc. was fined $50,000 on November 4, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker.

On December 2, 2008, at the company’s Ottawa facility, workers were loading scrap metal into a bin. A driver used a truck to put the bin on the ground. The driver then got out of the truck and went between it and the bin to disconnect the two. While the driver was still between the bin and the truck, a second worker started loading scrap metal into the bin. This caused the bin to move unexpectedly, pinning the driver against the truck. The driver suffered a broken leg.

A Ministry of Labour investigation found that the second worker had not been properly instructed on safe procedures for loading the bin.

Tomlinson Waste Management Inc. pleaded guilty to failing to provide information, instruction and supervision to a worker.

The fine was imposed by Justice of the Peace Louise Rozon. 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:

Tomlinson Waste Management Inc. was found guilty of a contravention of section 25 (2)(a) of the OHSA which states,

“An employer shall,

a) Provide information, instruction and supervision to a worker to protect the health and safety of the worker.”

Every procedure and work done in a factory, mine, healthcare facility, construction project or an industrial setting should have a set of written safe work instructions. This would take the guess work out of the safety aspect of the job and all workers, and supervisors, would ensure the safety of all those around them. As you can see, however, the onus is still on the employer to make this so.

Maybe next time!

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 ‘Health and Safety Law’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at info@hrsgroup.com

‘Work’ and ‘Play’ safe.

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

Dan
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