Ontario contractor fined $135K in fatal workplace accident

Worker was crushed by the arm of a front end loader

Ontario contractor fined $135K in fatal workplace accident
Finn Way Contracting Inc based in Thunder Bay, Ontario

Finn Way General Contractor Inc, based in Thunder Bay, Ontario, has been fined $135,000 for its role in a fatal workplace accident.

The incident happened July 16th, 2021, while a worker was replacing the left hydraulic lift cylinder of the arm of a front-end loader. The loader arm unexpectedly dropped after the hydraulic cap placed on the hydraulic lines was removed, releasing the pressurized fluid in the right hydraulic lift cylinder that was holding up the weight of the arm.

A series of missteps led up to the incident, beginning four days earlier on July 12, 2021.  Workers at Finn Way General removed the left cylinder of the machine to send it for repairs. It was one of two pressurized hydraulic cylinders used to life and lower the arm of the loader.

The Ministry of Labour, Immigration, Training and Skills Development says to do the work the arm of the loader needed to be lifted.

“While most front-end loaders have a prop or support mechanism that is used to solidly block the loader arm from falling while in an elevated position, this particular model was not equipped with this safety mechanism from the manufacturer. Finn Way General Contractor Inc. also did not have a procedure in place on how to support the arm of the loader in absence of a prop or support mechanism.”

Workers used an overhead crane and sling to support the arm after it was lifted using the power of the machine. The ministry says this method did not comply with the regulations, but it worked, and the left cylinder was removed without incident. Then the hydraulic lines were capped until it could be replaced.

Four days later two workers were replacing the repaired left lift cylinder on the machine. One stopped to take a lunch break, while the other kept working. The arm of the loaded was lifted using the hydraulic fluid pressure in the right cylinder.

When the worker removed the cap placed on the hydraulic lines, the pressure was released, and the arm suddenly dropped on the worker.

During the ministry’s investigation it discovered the manual for the machine specifically stated, “to not depend on the hydraulic cylinders to hold up the equipment, and to use proper support when working underneath the equipment.”

Finn Way General pleaded guilty to failing as an employer to ensure “the measures and procedures prescribed by section 74 of Ontario Regulation 851: Industrial Establishments were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act.”

Heavy machinery, regardless of industry, pose serious safety hazards that must be controlled. There are several tips safety leaders can follow to prevent accidents like these.