Brampton company fined $125k for injury to crane operator
A Brampton company will pay a fine of $120,000 for its role in an accident that led to critical injuries to a worker.
Triple M Metal Corp, of Kenview Boulevard, pled guilty in a Kitchener court to violations of the Occupational Health and Safety Act and its regulation for industrial establishments. The company, which is one of North America’s largest, privately held, fully integrated recyclers of ferrous and non-ferrous scrap metal, will also pay a 25-percent victim fine surcharge.
The incident in question occurred on July 27, 2020.
A worker was loading a rail car (car 2) with his crane. His crane was equipped with an electromagnet device, allowing him to move and place cubed scrap metal that another worker had made using a bailer.
Two other rail cars (cars 4 and 5) were waiting to be processed on an adjacent spur line and were next to be filled. After the worker had finished loading the rail car, he climbed down from his crane for the purposes of releasing brakes on rail car 3, which was on the same rails as rail car 2.
This was done so the other rail cars (1, 2 and 3) could be moved beyond a marker/pilon, which would allow rail cars 4 and 5 to move onto the main rail line. The mechanical brakes are operated by a hand wheel at the end of the rail car and require a worker to climb onto the rail car to release them.
As the worker was either climbing onto rail car 3, or releasing the mechanical brakes while standing on rail car 3, the other crane operator shunted rail car 1, sending it down the tracks, coupling with rail car 2 and eventually colliding with rail car 3.
During this process the worker was critically injured.
The yard supervisor was on lunch in his office at the time of the incident and was in the yard when the injury occurred. He was the first to respond to the call over the radio when the injury occurred.
This was contrary to Section 25(1)(c) of the Occupational Health and Safety Act which requires an employer to ensure compliance with the measures and procedures prescribed by the act and regulations. Section 45(a) of the regulation for Industrial Establishments requires that material, articles or things, required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker.