Company fined $200K for not ensuring security guard wore high-visibility apparel
Regina-based security company, Logixx Security Inc., has been fined $200,000 in connection with a workplace death after being found guilty in an Ontario court for failing to ensure a worker wore high visibility apparel.
On November 4, 2021, a security guard, was caught between a reversing truck and a trailer, sustaining fatal injuries, at a warehousing and distribution facility in Brampton, Ontario.
Ontario’s Ministry of Labour, Immigration, Training and Skills Development says the security guard was working the night shift at the warehousing and distribution facility. Among their responsibilities was monitoring truck access and applying and removing "glad hand locks" on trailers. A shunt truck and driver were also present at the facility to move trailers within the yard.
On the morning of the incident, the shunt driver informed the security guard that a trailer needed to be moved. As the driver reversed the shunt truck towards the trailer, the security guard approached to remove the glad hand lock. However, due to inadequate lighting, the guard was not visible to the driver. Neither the audible alarm nor the reversing spotlights on the shunt truck were functioning at the time.
The fatal accident could have potentially been prevented if the security guard had been wearing high visibility reflective clothing. Unfortunately, neither the guard nor their vehicle contained any such apparel.
Logixx Security Inc. had provided high visibility vests to the facility but failed to ensure their distribution or enforce their use by the guards when working outside their vehicles in the yard.
The company's failure to take reasonable precautions for the worker's protection resulted in the conviction. Logixx Security Inc. was found to be in violation of section 25(2)(h) of the Occupational Health and Safety Act.
Additionally, a 25 percent victim fine surcharge was applied, as mandated by the Provincial Offences Act. The funds collected from the surcharge will be used to support victims of crime through a special provincial government fund.
