Employer has been held accountable after an investigation
A Toronto-based propane distributor has been fined $375,000 after a workplace fatality involving a 1,000-gallon steel propane tank, the Ontario Ministry of Labour, Immigration, Training and Skills Development announced Thursday.
Superior General Partner Inc., operating as Superior Propane, pleaded guilty in the Ontario Court of Justice in Sudbury. The case was heard by Justice of the Peace Sharon Ashick, with Crown counsel Patrick Travers. In addition to the fine, the court imposed a 25% victim fine surcharge under the Provincial Offences Act, which will be credited to a provincial fund supporting victims of crime.
The charges stemmed from an incident on Nov. 17, 2023, at a commercial property located on Wellington Street West in Toronto. A worker employed by Superior Propane was fatally injured while replacing a 1,000-gallon propane tank using an articulating boom crane mounted on a flatbed truck.
According to the investigation, the worker controlled the crane with a wireless remote. Due to limited space at the site, the worker attempted to attach a tagline to stabilize the tank. Positioned between a brick utility building and the tank, the worker was struck when the crane moved unexpectedly. The tank swung from the truck’s deck into the wall, causing fatal injuries.
The Ministry of Labour investigation revealed that the crane controls had not been disengaged, nor had the stop button on the wireless remote been pressed while the worker was attaching the tagline. The ministry determined that Superior Propane failed to implement adequate safety precautions to prevent the inadvertent starting of the crane.
The court found the company in violation of section 25(1)(c) of Ontario’s Occupational Health and Safety Act, which requires employers to ensure prescribed measures and procedures are carried out in the workplace. Specifically, the company failed to comply with section 76 of Ontario Regulation 851.
The ministry emphasized that employers must ensure proper safeguards are in place when heavy equipment is in use, particularly in restricted workspaces.
