Don Nelson is a collision investigator for Ground Force Training Inc, of Hamilton, Ontario, Canada. Email dnelson@gfti.ca or visit www.groundforcetraining.com.
As evidenced by an ongoing Canadian Ministry of Labour (MOL) initiative to reduce workplace incidents and injuries in Ontario, more companies are finding out how expensive contravening the Occupational Health & Safety Act (OHSA) can be.
A case involving Abitibi-Consolidated Co of Canada outlines a violation of the OSHA and, although a fine was imposed as a result of a worker injury, the violation relates to the employer "failing to provide information, instruction and supervision to a worker". The events leading up to the incident leave little doubt as to the outcome. It was a painful lesson for the worker and an expensive one for the company.
Ask yourself ... what would you have done?
Abitibi-Consolidated Company of Canada, a Montreal-based paper and wood products manufacturer, was fined $75,000 for an OHSA violation. On March 16, 2005, a worker was operating a pallet truck at Abitibi-Consolidated's paper mill, in Kenora, Ontario, to move a cutting device.
After the truck stalled on a ramp, another worker tried to push it up the ramp with a forklift, a news report said. The truck driver lost control and the handle used to operate the truck swung around, pinning the worker's leg against the truck. The worker's left leg was fractured. The news report said an MOL investigation found the manufacturer's recommended procedure was not used to move the truck and the driver was not properly trained to operate it. Abitibi-Consolidated pleaded guilty to failing to provide information, instruction and supervision to a worker, as required by the OSHA. The fine was imposed by Justice of the Peace Joseph Morrison, in the Ontario Court of Justice.
A workplace incident or injury does not have to occur for the MOL to impose fines for violations. A routine MOL audit may discover OHSA violations. Every company in Ontario is subject to the legislation and must be able to demonstrate that a due diligence process has been undertaken to protect employees from workplace injuries. The process is primarily employee training and proper documentation.