Cart unexpectedly began to move under its own power
FCA Canada, an automotive manufacturing business, has been fined $90,000, plus a 25 per cent victim fine, surcharge by the Ontario Ministry of Labour.
A worker employed by the company's custodial services provider was critically injured when an industrial golf cart being used to perform custodial duties began travelling unexpectedly under its own power, pinning the worker against a column.
The worker was directly employed by a custodial services provider which contracted with FCA Canada at its Windsor, Ont. plant.
On the day of the incident, Dec. 1, 2016, the worker parked the golf cart and began walking away, then returned to the cart to retrieve an item. While reaching into the cart, the cart unexpectedly began travelling under its own power. The worker was struck and was pinned against a building column, suffering critical injuries.
The golf cart was owned by the defendant, FCA Canada, and was manufactured in 2006.
A Ministry of Labour engineer examined the golf cart and made several findings. The cart's seat interlock switch was not properly maintained and was constantly engaged, allowing the cart to move under its own power without an operator in the driver's seat. When functioning properly, this switch is designed to ensure that the cart cannot move under its own power without an operator in the seat.
A contributing factor was that the key-switch was non-functional, as the key could be removed while the switch remained in the "on" position. When properly functioning, this key-switch is designed to secure and disable the vehicle because the key can only be removed in the "off" position. As a result, the cart could not be disabled or secured by the operator.
The parking brake was also found in less-than-adequate working condition and did not secure the cart when parked. When the worker reached into the cart the accelerator pedal was inadvertently activated, possibly when an item fell off the seat onto the pedal, causing the cart to accelerate.
Section 25(1)(b) of the Occupational Health and Safety Act states that "an employer shall ensure that the equipment, materials and protective devices provided by the employer are maintained in good condition."
The defendant failed to ensure that the industrial golf cart was maintained in good condition.
Source: Ontario Ministry of Labour
