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Freight Company Fined $85,000 After Worker Suffers Permanent Injury

Court Bulletin

Freight Company Fined $85,000 After Worker Suffers Permanent Injury

Ministry of Labour

Convicted: Consolidated Fastfrate Inc., a national provider of logistic services, including shipping and warehousing.

Location: 9701 Highway 50, Woodbridge, Ontario; the company operates freight shipping services at this location.

Description of Offence: A worker who was operating a forklift struck another worker who could not be seen because the forklift operator had an obstructed view of the forklift's path of travel. The injured worker suffered a permanent injury.

Date of Offence: February 12, 2016.

Date of Conviction: December 15, 2017.

Penalty Imposed

  • Following a guilty plea, Consolidated Fastfrate Inc. was fined $85,000 by Justice of the Peace Rhonda Shousterman in Newmarket court, 465 Davis Drive, Courtroom T2; Crown Counsel Joe Ferraro.
  • 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.

Background

  • A worker was was loading drums into a vehicle at a loading bay, using a forklift. The worker  had loaded one skid of drums and proceeded to pick up a second skid of drums.
  • The drums on the forklift were stacked in such a way that the forklift operator's view was obstructed while operating the forklift in a forward direction and with the load in front.
  • While driving forward after picking up the second load, the forklift operator struck another forklift operator who was standing while dealing with some paperwork. That worker was hit from behind and suffered an injury that became permanent.
  • A Ministry of Labour investigation determined that the forklift operator was operating the forklift with an obstructed view. As such, Consolidated Fastfrate Inc. committed the offence of failing as an employer to ensure that the measures and procedures prescribed by section 56 of Regulation 851 (the Industrial Establishments Regulation) contrary to section 25(1)(c) of the Occupational Health and Safety Act. Section 56 of the regulation required the forklift operator to be assisted by a signaler where there is not a full view of the intended path of travel.

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