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Worker Injury Results in $60,000 Fine for Aerosol Manufacturer

Court Bulletin

Worker Injury Results in $60,000 Fine for Aerosol Manufacturer

Ministry of Labour

Convicted: K-G Spray-Pak Inc., 8001 Keele Street, Vaughan, Ontario, a manufacturer of aerosol products.

Location: K-G Spray-Pak's plant located at 8001 Keele Street, Vaughan, Ontario.

Description of Offence: A worker was injured after being struck by a moving lift truck being operated in reverse.

Date of Offence: May 24, 2018.

Date of Conviction: June 21, 2019.

Penalty Imposed:

·       Following a guilty plea, K-G Spray-Pak Inc. was fined $60,000 by Justice of the Peace Adele Romagnoli in Newmarket provincial court; Crown Counsel Judy L. Chan.

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:

·       On May 24, 2018,  a temporary staffing agency worker was assigned the task of picking finished aerosol cans off the end of the plant's Line #1 and packing them into boxes placed on wooden pallets. To prepare for this task, the worker used a manual pump truck to retrieve a stack of pallets from another location in the plant.

·       While walking backwards, pulling the full pump behind while on the way back to the end of Line #1 the worker was struck by a moving lift truck which was being operated in reverse, and which was also heading to the end of Line #1, to pick up pallets of finished product. The worker suffered injuries as a result. 

·       A Ministry of Labour investigation into the incident determined that there were no barriers, warning signs or other safeguards in that area of the plant (the end of Line #1), to protect workers from vehicular traffic. 

·       Section 25(1)(c) of Ontario's Occupational Health and Safety Act provides that an employer shall ensure that the measures and procedures prescribed by the act and regulations are complied with at the workplace. Section 20 of the Regulation for Industrial Establishments prescribes that "barriers, warning signs or other safeguards for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker."

·       K-G Spray Pak failed to ensure that the measures and procedures prescribed by section 20 of the regulation were complied with. This is an offence pursuant to section 66(1) of the act.

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