BURLINGTON, Ont. – AMHIL Enterprises Ltd., a manufacturer of plastic packaging for the food services industry based on Brantford, Ontario, was fined $70,000 after a worker was struck by a forklift at its facility in Burlington, Ontario, and suffered critical injuries.
On September 16, 2018, a worker was pulling a load of scrap plastic sheeting over to the scrap plastic grinder and was struck by a forklift. The operator of the forklift had picked up a skid of product from the shrink wrapper and the forklift was reversing when it struck the worker, who fell and was partially run over.
The worker suffered critical injuries.
There were no barriers, warning signs or other safeguards for the protection of all workers in the area which had both vehicle and pedestrian traffic.
Section 25(1)(c) of the Occupational Health and Safety Act states that an employer shall ensure that the measures and procedures prescribed by the act and regulations are carried out 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.
AMHIL Enterprises failed as an employer to ensure that the measures and procedures prescribed by section 20 of the regulation were carried out at the workplace. This is an offence pursuant to section 66(1) of the act.
In addition to the finetThe 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.