A customer at a Real Canadian Superstore location was injured when products fell from a moving forklift driven by a Loblaws worker. The ministry found that insufficient safeguards were identified or implemented by Loblaws to ensure the protection of workers (or customers) while a forklift was being operated on the driveway during store hours.
Loblaws was fined $80,000 and also had a 25% victim surcharge imposed.
An employer must comply with requirements outlined in the Occupational Health and Safety Act (OHSA) and the Industrial Establishments Regulation (Ontario Regulation 851). Section 20 of the regulation requires barriers, warning signs or other safeguards for the protection of all workers in an area where vehicle or pedestrian traffic may endanger the safety of any worker.
The defendant failed to ensure measures and procedures outlined in section 20 of the regulation were carried out at this workplace and thereby did violate section 25(1)(c) of the OHSA.Ministry of Labour, Training and Skills Development
Do you need help getting your Health and Safety management systems in place? Call Me!
Lesley Moll Business