Worker did not receive proper instructions for unloading a dump trailer
American Iron & Metal Company Inc., a prominent scrap metal recycling company headquartered in Montreal, Quebec, has been convicted and fined $65,000 after a worker sustained injuries while unloading a dump trailer.
The incident took place on December 1, 2021, at the company's scrap metal yard in Hamilton, Ontario. A driver employed by American Iron & Metal was unloading a 40-foot dump trailer from behind. As the driver opened one of the rear doors, they proceeded to open the other door partially before moving inside to open it fully. Unfortunately, part of the load began to fall from the trailer while the driver was inside, resulting in an injury.
According to the Ministry of Labour, Immigration, Training and Skills Development, the driver had recently started operating and unloading the dump trailer and was still in the process of receiving training on the company's specific procedures. At the time of the incident, the driver had not been provided with information, instruction, or supervision regarding the safe procedure of unloading the trailer.
The ministry says the company's prescribed procedure for unloading trailer rear doors required the driver to stand outside the trailer door and use it as a shield against any potential falling scrap metal. However, this crucial information had not been communicated to the worker prior to the incident.
As a result, American Iron & Metal Company Inc. was found to be in violation of Section 25(2)(a) of the Occupational Health and Safety Act, which states the obligation of employers to provide adequate information, instruction, and supervision to ensure the safety of workers.
The company pleaded guilty and will also be forced to pay a 25 percent victim fine surcharge was imposed. The surcharge will be directed towards a special provincial government fund designed to assist victims of crime.
This conviction serves as a reminder to companies operating in high-risk industries that workplace safety should be of paramount importance, especially for those dealing with metal and susceptible to struck-by hazards.
Employers have a legal and moral obligation to provide comprehensive training, instruction, and supervision to their workers, ensuring they are equipped with the necessary knowledge and tools to carry out their duties safely.
