Revital Polymers Inc., a recycling facility located in Sarnia, Ont., has been fined $60,000 following a workplace incident that resulted in the death of a worker.
The Ontario Court of Justice in Sarnia handed down the penalty after the company pleaded guilty to charges related to the fatal accident.
What happened
The incident occurred on June 24, 2022, when a worker was fatally injured while replacing a faulty hydraulic hose on a forklift at the facility. According to the Ministry of Labour, Immigration, Training and Skills Development, the worker and a heavy equipment mechanic were preparing a C34 forklift for the hose replacement.
To facilitate this, they used a second N4 forklift to lift the bucket on the C34 forklift, allowing access to the hydraulic hose. Safety measures included attaching a chain to the mast sections of the C34 forklift and placing a metal stand underneath the bucket.
The worker left the forklift shop, leaving the mechanic working alone. Upon hearing a noise, the worker returned and found the mechanic caught between the mast and cab of the forklift. The mast had fallen towards the cab, resulting in fatal injuries.
Ministry investigation
An investigation by the Ministry of Labour revealed that both forklifts were left unattended with their attachments in the raised position, violating section 58 of the Regulation for Industrial Establishments and section 25(1)(c) of the Occupational Health and Safety Act.
In response to the guilty plea, Judge Deborah J. Austin imposed the $60,000 fine. Crown Counsel David McCaskill represented the prosecution. Additionally, the court imposed a 25 per cent victim fine surcharge, as mandated by the Provincial Offences Act. This surcharge contributes to a provincial fund that assists victims of crime.
This incident underscores the critical importance of adhering to safety regulations in industrial settings. Employers are reminded of their responsibility to ensure equipment is not left unattended, particularly when it poses a potential hazard to workers.
