Two superintendents have been found guilty of offences under
Ontario's Occupational Health and Safety Act and fined
$4,000 each after a worker died when a scissor lift was knocked
over by a garage door.
The accident happened when a mechanic pushed a cart through an
open garage door, triggering an electric eye mechanism that caused
the door to open and strike the scissor lift, knocking it over, as
the door moved along its track. The workers had been
insulating an overhead water pipe and were tied-off to the scissor
lift platform. Both workers on the scissor lift fell 20 feet
to the floor below. One of those workers died and the other
suffered broken bones.
The superintendents were on the jobsite at the time of the
accident and supervising the task of insulating the overhead water
pipe. They had not ensured that the lockout procedure of the
Toronto Transit Commission (where the work was being done) had been
followed, contrary to their employer's contract with the
The court found the two superintendents guilty of failing to
take every precaution reasonable in the circumstances for the
protection of a worker, contrary to section 27(2)(c) of the
Occupational Health and Safety Act. Specifically,
they failed to take the reasonable precaution of ensuring that an
overhead garage door could not contact an elevated work platform
upon which two workers were working.
The superintendents' employer was also convicted of OHSA
offences and fined $125,000.
The Ministry of Labour's press release can be found
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