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Logistics Company Fined $75,000 After Worker Suffers Permanent Injury

Court Bulletin

Logistics Company Fined $75,000 After Worker Suffers Permanent Injury

Ministry of Labour

WHITBY, ON - A Pickering employer pleaded guilty and was fined $75,000 after a worker suffered a permanent injury while operating a reach truck in a warehouse facility.

The incident took place on May 10, 2016, at Aspect Retail Logistics Inc., located at 1400 Church Street in Pickering. Aspect carries on business providing logistics services out of its Pickering facility.

A worker was operating a reach truck in the main receiving aisle and was attempting to make a left turn while approaching the end of the aisle. The worker lost control of the reach truck and struck a wall. There were no witnesses to the incident; however, it is believed that the reach truck may have slipped on water left behind on the floor by floor-scrubbing equipment. As a result of the collision, the worker suffered a permanent injury.

Section 11 of the Regulation for Industrial Establishments prescribes that "a floor or other surface used by any worker shall (a) be kept free of (i) obstructions; (ii) hazards; and (iii) accumulations of refuse, snow or ice." The floor where the worker was injured was not kept free of obstructions, as required by regulation. This is contrary to the Occupational Health and Safety Act.

The fine was imposed by Justice of the Peace Ronald Prestage in Whitby court on September 21, 2017.

The court also imposed a 25-per-cent 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.


Court Information at a Glance

 

Location:

Provincial Offences Court/Ontario Court of Justice

605 Rossland Rd., Courtroom #101

Whitby, Ontario

                                   

Judge:

Justice of the Peace Ronald Prestage

                                   

Date of Sentencing:

September 21, 2017


Defendant:

Aspect Retail Logistics Inc.

1400 Church Street

Pickering, Ontario

                                   

Matter:

Occupational health and safety

                                   

Conviction:

Occupational Health and Safety Act

Section 25(1)(c)

Section 66(1)

Regulation 851 (the Industrial Establishments Regulation)

Section 11

                                   

Crown Counsel:

Judy L. Chan

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