Home Occupational Health & Safety Oakville Toyota fined $60,000 after worker’s hair caught in vehicle’s drive shaft during servicing

Oakville Toyota fined $60,000 after worker’s hair caught in vehicle’s drive shaft during servicing

by HR Law Canada

Oakville Toyota has been fined $60,000 following a workplace injury that occurred in February 2022. The penalty was imposed after the company pleaded guilty to charges under the Occupational Health and Safety Act.

The incident took place on Feb. 5, 2022, at Oakville Toyota’s service centre. A journeyperson automotive technician, along with two apprentices, was performing a diagnostic assessment on a Toyota truck that was elevated on a lift. The assessment aimed to identify issues with the vehicle’s wheel bearing.

During the diagnostic process, one apprentice was stationed in the cab of the truck to operate it, contrary to safety guidelines from both the lift manufacturer and the Automotive Lift Institute. The second apprentice, observing the journeyperson beneath the vehicle, had their long hair tied back in a ponytail.

As the first apprentice started the engine and accelerated to 60 kilometers per hour, the second apprentice’s hair was caught in the rotating drive shaft, resulting in several injuries.

An investigation by the Ministry of Labour, Immigration and Training and Skills Development found that Oakville Toyota lacked a safe procedure for diagnosing wheel bearing issues. The absence of such procedures led to the violation of section 25(2)(h) of the Occupational Health and Safety Act, which mandates employers to take every precaution reasonable to protect workers.

Following the investigation, 1958040 Ontario Inc. was fined $60,000 by Justice of the Peace Paul Macphail in the Ontario Court of Justice in Burlington. Crown Counsel Wes Wilson represented the prosecution. In addition to the fine, a 25 per cent victim fine surcharge was imposed, which will be credited to a provincial fund supporting victims of crime.

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