Newsletter #375 (View other news stories)
Amsted guilty of safety violation in forklift death
Winnipeg, Manitoba, Canada
Thursday, 28 Aug 2008
A Canadian unit of Amsted Industries Inc was fined CAD100,000 (USD95,000) after pleading guilty to a provincial safety violation in the death of a forklift driver.
In December 2005, veteran forklift operator James Nicholson, 54, was attempting to push a load of sheet metal inside a furnace at an Amsted Canada plant in the Winnipeg neighbourhood of Transcona. The stack of material touched already-heated metal, burst into flames and engulfed Nicholson and the forklift in a fireball.
Nicholson was severely burned, endured multiple surgeries and died six weeks later. His wife, Kelly, and a daughter, Caroline, survived the company employee of 27 years.
The propane-powered forklift exploded and was destroyed.
A division of the Manitoba labour and immigration department investigated the incident and found several violations under the Manitoba Work Place Safety and Health Act. Investigators cited the lack of protective headgear, operation of the forklift in inappropriately close proximity to the furnace and management inexperience in overseeing plant operations.
Attorneys for the province and Amsted jointly recommended the fine after reaching an agreement under which the company would plead guilty to one count.
Judge Theodore Lismer ruled on the matter at a 21 August hearing in Manitoba Provincial Court in Winnipeg.
"The fine is the second highest ever imposed in this jurisdiction," says Sean Brennan, senior Crown attorney with the Manitoba justice department’s prosecution services office. The highest was CAD150,000 (USD143,000).
Amsted Industries is based in Chicago, Illinois, USA and manufactures industrial components serving primarily the railroad, vehicular, construction and building markets. Amsted acquired the Manitoba operation in its purchase of Griffin Wheel Co.
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