Cascades Canada ULC Fined $80,000 After Worker Injured

September 19, 2012 3:10 PM

Toronto, ON - Cascades Canada ULC, a multinational packaging and tissue company operating as Cascade Tissue Group - Toronto, was fined $80,000 for a violation of the Occupational Health and Safety Act after a worker was injured. 

On June 24, 2011, at the company's facility in Toronto, a worker returning to the receiving area from break was struck by a forklift carrying a large roll of paper. The worker's leg was injured. The worker was not wearing a safety vest and there were no barriers in the receiving area to protect workers from forklift traffic. Furthermore, the only sign warning of vehicular traffic was posted at the plant's gatehouse lobby.

Cascades Canada ULC operating as Cascade Tissue Group - Toronto pleaded guilty to failing to ensure that materials were transported in a way and with appropriate precautions to protect the safety of a worker.  

The fine was imposed by Justice of the Peace Ronald Johnston. In addition to the fine, the court 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.

Court Information at a Glance
Location:                    Ontario Court of Justice
                                    70 Centre Ave.
                                    Toronto, ON
Judge:                         Justice of the Peace Ronald Johnston
Date of Sentencing:    September 13, 2012
Defendants:                Cascades Canada ULC operating as Cascade Tissue Group - Toronto
Matter:                        Occupational Health and Safety
Convictions:                Ontario Regulation 851, Section 45(a)
Crown Counsel:          Jason Tam

TKPL & Associates Ltd. Fined $80,000 After Worker Killed

September 14, 2012 2:35 PM

Parry Sound, ON - TKPL & Associates Ltd., operator of a grocery store in Sundridge, ON, was fined $80,000 for a violation of the Occupational Health and Safety Act after a worker was killed.

On February 4, 2011, a worker at the grocery store was arranging items on shelves while standing on a stepladder. To reach the top shelf, the worker had to stand on the top cap of the ladder, which was not intended as a step. While working from the top cap the worker lost balance and fell to the floor, suffering a fatal head injury.

A Ministry of Labour investigation found that it was common practice in the store for workers to stand on the top cap of this type of stepladder to reach shelves. However the stepladder was not appropriate equipment for the task given the workers' need to stand on the top cap.

TKPL & Associates Ltd. pleaded guilty to failing to take the reasonable precaution of providing appropriate equipment to reach shelves for the protection of a worker.

The fine was imposed by Justice of the Peace Marcel Bedard. In addition to the fine, the court 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.

Occupational Health and Safety: Your Thoughts?

                The Ontario government seems to release changes to the Occupational Health and Safety Act more often than even the most astute followers of this legislation can keep up with and certainly faster than most business owners can or even care to keep up on. I sometimes wonder if these changes are a) necessary b) valuable and c) followed. What I’ve gathered is that most small business owners give only a fleeting thought to the Health and Safety laws in Canada and it’s not because they don’t care about the objectives set forth in the legislation or the safety and welfare of their employees. In fact in most cases I’ve seen the opposite; most employers are good, morale people who would hate to see anyone seriously injured or in the worst case scenario die on the job but really just don’t see the need for the in depth policy and procedure stipulations set forth in the OHSA. There are many reasons these laws aren’t followed to the letter. A couple common reasons are that, “I’ve never had a serious injury before and if one ever does occur I’ll deal with it then” OR, “my salespeople/office workers aren’t in danger and imposing these laws and rules are time consuming and costly, besides MOL inspectors are rarely around and I’ve told everyone here to work safely”. My questions are - how seriously do you take the OHSA? Do you feel it actually protects workers from injury? Is it an easy enough to implement in your workplace? Do you think the government provides enough resources for you to follow the OHSA or do you think outside help from H&S specialists or HR professionals would be beneficial?

Recruiting; How To Find The Right People

Recruitment and hiring might be the most important factor in determining how well your business is going to run, especially in a small business where each member's contributions, benefits and drawbacks can be amplified. Compared to a large organization where it’s an entire team of maybe 100+ employees working towards the same goals whereas one poor employee in a group of ten can have a significant negative impact. So where do you start? It’s like shopping, walking into a store without knowing exactly what you want gives you plenty of options but what are the chances you’ll come out with all the things you need. That being said make a list of the “core competencies” that you’ll need in this position, what are the most important skills, knowledge, experiences and educational qualifications needed to perform the job. Next decide upon some of the secondary qualities or personality traits that would make for the ideal fit in a given position. Creating a ranking model or score sheet to track and maintain records accompanying these competencies can make your decision making process that much easier. Next is advertising. Make sure you’re doing this function in the right spots, simply posting an ad in a local paper may not be enough or attract the right people. For example, say you want an entry level IT person to join your team; advertising in a local or national paper could be a costly mistake. How many young people with an education in IT are scanning newspapers for their next job? My guess would be very few so targeting your add can greatly affect who responds. Seek professional associations, online advertising options, government job boards and university or colleges will often provide student resources for new graduates and exploring this option could reap an enthusiastic, knowledgeable individual just waiting for an opportunity to prove him or herself. Think critically about what you need, the ideal type of person for your company's “fit’ and make sure your looking in the right spots to increase your odds of finding a successful new employee.

John Ruyter, HRNC