Worker fatally struck by large industrial forklift
Ontario employer Janco Steel Ltd. has been fined $200,000 following the death of a worker who sustained fatal injuries on the job.
The fine was imposed after the company pleaded guilty in Provincial Offences Court in Hamilton. In addition, Janco Steel was ordered to pay a 25 per cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge contributes to a special provincial fund that supports victims of crime.
The incident occurred on April 26, 2022, while the worker was operating an overhead crane to offload a large steel coil from a transport truck onto a weight scale.
While looking up at the load during the task, the worker inadvertently walked backwards into an interior driveway where a large industrial forklift was in motion.
The operator of the forklift did not see the worker and could not see the area immediately in front of the coil being moved by the worker.
Although the forklift was travelling at only 2–3 kilometres per hour and the operator stopped immediately after another worker shouted a warning, the forklift had already fatally struck the crane operator.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the company failed, as an employer, to ensure that the operation of the Taylor Forklift, model X650L, was directed by a signaller when its operator did not have a full view of the intended path of travel.
“The company failed to ensure that the measures and procedures prescribed by section 56 of Ontario Regulation 851, as amended, were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act,” according to the Ontario government.
Section 56 of Ontario Regulation 851 states: Where the operator of a vehicle, mobile equipment, crane or similar material handling equipment does not have a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment or its load, the vehicle, mobile equipment, crane or similar material handling equipment shall only be operated as directed by a signaller who is a competent person and who is stationed,
(a) in full view of the operator;
(b) with a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load; and
(c) clear of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load.
