Workplace Injury Results in $60,000 Fine for York Employer

December 06, 2022

Labour, Immigration, Training and Skills Development

Convicted: Ryder Material Handling ULC, 595 Burrard St., Three Bentall Centre 2600, Vancouver, British Columbia.

Location of Workplace: 1551 Weston Road, York, Ontario.

Description of Offence: A worker was injured replacing battery cells on a forklift at a trucking company. While using a welding torch to melt a lead stick, a chemical reaction occurred harming the worker. The employer failed to acquaint a worker with any hazard in the handling and use of a device or equipment contrary to s. 25(2)(d) of the Occupational Health and Safety Act.

Date of Offence: June 10, 2021

Date of Conviction: November 25, 2022

Penalty Imposed:

• Following a guilty plea in the Ontario Court of Justice, Old City Hall, Ryder Material Handling ULC was fined $60,000 by Justice of the Peace Raffaella Scarpato; Crown Counsel, Giuseppe (Joe) Ferraro.
• The 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.

Background:

• On June 10, 2021, a worker was replacing battery cells on a forklift at Crown Lift Trucks ULC, owned by Ryder Material Handling ULC.
• The worker used the oxygen of an oxyacetylene torch to release the hydrogen gas from three battery cells, also known as off-gassing.
• While using the welding torch to melt a lead stick onto an inter-cell connector post that connects adjacent cells in a battery, a chemical reaction occurred resulting in the sulfuric acid from a battery cell coming into contact with the worker.
• The worker was injured as a result.
• The employer failed to acquaint a worker with any hazard in the handling and use of a device or equipment contrary to s. 25(2)(d) of the Occupational Health and Safety Act.