Worker struck by forklift, fine of $87,500 for packaging manufacturer

Forklift was operating in reverse, partially ran over worker

Worker struck by forklift, fine of $87,500 for packaging manufacturer

AMHIL Enterprises of Brantford, Ont. is required to pay a total of $87,500 for an incident where a worker suffered critical injuries after being struck by a moving forklift that was operating in reverse. The company was fined $70,000, plus $17,500 for the 25 per cent victim fine surcharge.

On Sept. 16, 2018, a worker was pulling a load of scrap plastic sheeting over to the scrap plastic grinder and was struck by a forklift. The operator of the forklift had picked up a skid of product from the shrink wrapper and the forklift was reversing when it struck the worker, who fell and was partially run over.

There were no barriers, warning signs or other safeguards for the protection of all workers in the area which had both vehicle and pedestrian traffic.

The worker suffered critical injuries.

Section 25(1)(c) of the Occupational Health and Safety Act states that an employer shall ensure that the measures and procedures prescribed by the act and regulations are carried out at the workplace. Section 20 of the Regulation for Industrial Establishments prescribes that barriers, warning signs or other safeguards for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker.

AMHIL Enterprises failed as an employer to ensure that the measures and procedures prescribed by section 20 of the regulation were carried out at the workplace. This is an offence pursuant to section 66(1) of the act.

Source: Ontario Ministry of Labour

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