Ideal Drain Tile Ltd., a manufacturer of high density polyethylene (HDPE) pipe in Ontario, pleaded guilty and was fined $110,000 in the death of a worker who was working alone and received a fatal electrical shock.
On July 19, 2013, a worker at the company's premises was working alone on a machine from an elevated forklift platform. There was no operator at the controls of the forklift as required, and the machine the worker was working on was not powered off.
A plug and thermocouple had been removed from the machine and the plug had been disassembled. With the plug's parts removed, the prongs of the plug were exposed. The thermocouple would have been measuring the air temperature when removed, and the air temperature would have been below the set point. This triggered the machine's control panel to send power to the plug in order to heat the machine back to the set-point temperature.
The worker was found unresponsive on the elevated platform with the exposed and burnt prongs of the plug in hand. The cause of death was electrocution.
The worker had been provided generic lock-out training but had not been trained on how to specifically lock out the machine being worked on.
Ideal Drain Tile Ltd. pleaded guilty to failing as an employer to ensure that the provisions of Ontario Regulation 851/90 - the Industrial Establishments Regulation - had been complied with. Specifically, it failed to ensure that the controls of the forklift were attended to and operated by another worker while a worker was on the elevated platform.
The company was fined $110,000 by Justice of the Peace Michael A. Cuthbertson in London, Ontario, provincial court on January 14, 2016.
In addition to the fine, the court imposed a 25% 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.
