Farmer picks fine instead of tomatoes

Don Nelson -
Safety First
- 30 Aug 2007 ( #325 )
3 min read
Don Nelson is a collision investigator for Ground Force Training Inc, of Hamilton, Ontario, Canada. Email dnelson@gfti.ca or visit www.groundforcetraining.com.
Ongoing initiatives imposed by Ontario's Ministry of Labour include the assurance of a safer workplace - even when that workplace happens to be a local farm. Not a forklift incident, no; but rest assured, there are forklifts or reasonable facsimiles hard at work on almost any farm and the rules and procedures will apply.

I had to share this report from the ministry's website as a stark reminder that unless all "reasonable" precautions have been taken to avoid workplace accidents and/or injuries, someone WILL pay.

The ministry website includes the following report:
"A Leamington farmer was fined $5,000 today for a violation of the Occupational Health and Safety Act (OHSA) that resulted in an ankle injury to a young employee.
On September 22, 2006, a worker was standing on a tyre of a 'tomato harvester' (a large petrol-powered vehicle with platforms on each side where workers stand as they harvest tomatoes) when the harvester began reversing.
The worker's legs became caught between the tyre and a metal plate resulting in a broken left ankle. Just prior to the incident, the worker had been helping to pick tomatoes when a chain that was driving a conveyor became jammed. Tomatoes are pulled onto the conveyor which runs through the harvester. The incident occurred at a field at 131 County Road 8 in Leamington.
A Ministry of Labour investigation found the worker had climbed onto the tyre to help search for the source of the conveyor jam. When the problem was not located, M. Douglas Stockwell, who owned the harvester, advised he was going to reverse the harvester for a short distance. Stockwell thought the worker on the tyre had heard him, but the worker had not and continued to stand on the tyre. The ministry found that no formal procedures were in place for the cleaning, maintenance and operation of the harvester and that Stockwell did not ensure the worker was in a safe position before moving the harvester.
M. Douglas Stockwell pleaded guilty, as an employer, to failing to develop and implement a procedure for cleaning, maintaining and operating the tomato harvester and failing to ensure the tomato harvester was not moved until all workers were in a safe position. This was contrary to Section 25(2)(h) of the OHSA. (From June 30, 2006, OHSA coverage was extended to farming operations for the first time).
The fine was imposed by Justice of the Peace Holly Debacker of the Ontario Court of Justice in Leamington. In addition, the court imposed a 25% victim fine surcharge, as required by the Provincial Offences Act.
The surcharge is credited to a special provincial government fund to assist victims of crime."


It is important to note that a workplace accident or injury does not have to occur in order for the MOL to impose fines for violations. A routine MOL audit may still result in discovered violations of the OHSA. Every company in Ontario is subject to this legislation, and must be able to prove that an appropriate "Due Diligence" process has been undertaken to protect employees from workplace injuries; primarily employee training, and the proper documentation thereof.
Also Read:
Vehicle mounted terminals and private 5G/LTE is the next-gen wireless standard for security and performance
Tejal Ranjan
3 minute read
Vehicle mounted terminals and private 5G/LTE is the next-gen wireless standard for security and performance Your Focus - 4 Dec 2025 (#1259) Tejal Ranjan, vice president of global marketing at JLT Mobile Computers, looks at why private 5G and LTE will be standard for next-gen equipment
How positive friction prevents forklift accidents before they happen
Stuart Taylor
3 minute read
How positive friction prevents forklift accidents before they happen Safety First - 27 Nov 2025 (#1258) Stuart Taylor is managing director of Mentor FLT Training Limited looks at ways positive friction can be used to help prevent forklift accidents from happening
How advanced relay contact design transforms forklift reliability
Carlos Mendes
3 minute read
How advanced relay contact design transforms forklift reliability Your Focus - 20 Nov 2025 (#1257) Carlos Mendes is a product manager for switching at Durakool, working closely with engineers and buyers to bridge the gap between application and specification.
For more unique stories and expert insights: read our industry blogs
Blog articles provide perspectives and opinions and therefore may contain inaccurate or incomplete information. Forkliftaction Media accepts no responsibility for errors or omissions. If you feel that significant facts are overlooked, or have a different viewpoint on a topic addressed, we invite you to open a conversation in our Discussion Forums.

Are you recruiting? Find your ideal candidate among a diverse range of materials handling professionals:

Forkliftaction's JOB MARKET

Inside The News
In this week’s Forkliftaction News , we look at the November Logistics Manager’s Index which has dropped to the lowest it has been since June 2024... Continue reading

Showcased in the Virtual Expo

Upcoming industry events …
February 24, 2026 - Panama City, Panama
April 8-10, 2026 - Jiangsu Province, China
June 10-11, 2026 - Cologne, Germany
Editorial calendar - planned features
CONSTRUCTION FORKLIFTS
HANDLING GOODS IN THE COLD
LOADING/UNLOADING FREIGHT
BROWNFIELD AUTOMATION
FORKLIFT ATTACHMENTS
BATTERY AFFORDABILITY AND LIFETIME
FORKLIFT SAFETY
Upcoming industry events …
February 24, 2026 - Panama City, Panama
April 8-10, 2026 - Jiangsu Province, China
June 10-11, 2026 - Cologne, Germany
Inside The News
In this week’s Forkliftaction News , we look at the November Logistics Manager’s Index which has dropped to the lowest it has been since June 2024... Continue reading

PREMIUM business

Hangzhou Maxlion Machinery Equipment Co., Ltd
3G Standard, Good Products, Good Price, Good Service.