Ontario scrap metal recycler fined $105k for violations leading to death of worker

TORONTO (Scrap Monster): Court has ruled that Peterborough Iron & Metal Inc. in Peterborough, Ontario failed to ensure safety of its workers at premises as prescribed by Ontario's Occupational Health and Safety Act. Earlier in 2015, a worker on duty at the scrap metal facility was killed by an excavator. The company has been ordered to pay $105,000 in fines by the Provincial Offences Court in Peterborough. The Court has also imposed a 25% victim fine surcharge, which in turn will be credited to a special provincial government fund towards assistance of victims of crime.

According to the Ministry of Labour (MOL) press release, the incident occurred at the company’s 740 Erskine Ave. facility on August 18, 2015. The mishap occurred when a 47-year old employee who was cutting apart the bucket portion of a front-end loader with a cutting torch was hit and crushed by the excavator operated by another employee, thereby causing fatal injuries. The Ministry of Labour had confirmed on August 19^th that a fatality had happened at the site and that the deceased worker was trapped under a crane. A Stop Work Order was issued on the John Deere 450 C Excavator, with immediate effect.

The incident was investigated by a Ministry of Labour inspector, which concluded that the movement of scrap metal by excavator had endangered the worker. The investigation revealed that the excavator was operated in reverse and that the worker operating the equipment did not have a clear view of the intended path of travel. Additionally, there was no signaler to assist the excavator operator. Moreover, the excavator did not have a working travel alarm. All these observations were clear violations of safety precautions mentioned under Section 56 of Ontario Regulation 851 (the Industrial Establishments Regulation). The company pleaded guilty to charges under Occupational Health and Safety Act Section 25(1)(c) and Ontario Regulation 851 (Regulation for Industrial Establishments) Section 56.

Following the incident, the Ministry issued several orders and requirements. As per the first order, the company was instructed to develop and implement measures to protect yard workers from vehicular movement. The company was also ordered to provide a written report on the occurrence of the incident. Peterborough Iron & Metal Inc. was also ordered to ensure that the excavator equipment is maintained in good condition and to make certain that a stop-work order is issued on the use of the excavator. In addition, the Ministry also issued requirements to provide training record of excavator operators, maintenance record of the equipment etc.

The 2015 incident was not the first incident of violation of safety regulations by the company. According to records pertaining to health and safety enforcement actions by the Ministry, more than 15 orders have been issued to the company since end-2013. This includes orders to ensure that the two fire exits, the interior and processing areas were free of obstructions and hazards and that cylinders of compressed gas were secured during storage. It was also ordered that a representative from Health and Safety Department must inspect the physical condition of the workplace at least once in a month.