Ontario employer fined $60,0000 for workplace death

Worker was fatally injured while replacing a faulty hydraulic hose on a forklift

Ontario employer fined $60,0000 for workplace death

Ontario employer Revital Polymers Inc. has been fined $60,000 after one of its workers died in the workplace.

Following a guilty plea in the Ontario Court of Justice, Sarnia, the employer was also tasked to pay 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.

The incident happened on June 24, 2022, at the company’s recycling facility that processes plastic materials in Sarnia.

On that day, a worker and a heavy equipment mechanic were in the company’s forklift shop, preparing a C34 forklift to have its faulty hydraulic hose replaced.

They used a second N4 forklift to lift the bucket on the C34 forklift so the mechanic could access the hydraulic hose. The workers also attached a chain to the top crosspieces of the C34 forklift to prevent its inner sections from moving. They also placed a metal stand underneath the bucket of the C34 forklift.

The worker then left the forklift shop and the mechanic started work on the forklift alone.

The worker who left then heard a noise from the forklift shop. The same worker returned to check on the mechanic and found the mechanic caught between the mast and cab of the forklift. 

The mast had fallen towards the cab frame while the mechanic was in there, causing fatal injuries.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that there were no operators at the controls of either the C34 or N4 forklifts. 

This resulted in both forklifts being left unattended with their attachments in the raised position, contrary to section 58 of the Regulation for Industrial Establishments. according to the Ontario government.

“Revital Polymers Inc. failed, as an employer, to ensure the forklift was not left unattended, contrary to section 58 of the Regulation for Industrial Establishments and a violation of section 25(1)(c) of the Occupational Health and Safety Act,” said the provincial government.