June 20, 2019 3:10 P.M.
Convicted: Accuristix Inc. 2844 Bristol Circle, Oakville, Ontario, a warehouse facility operator.
Location: The Accuristix warehouse facility located at 121 Stone Ridge Road in Vaughan.
Description of Offence: A worker was fatally injured when struck by a truck at a loading dock.
Date of Offence: January 29, 2018.
Date of Conviction: June 14, 2019.
· Following guilty pleas, Justice of the Peace Herbert B. Radtke fined Accuristix Inc. $125,000 in Newmarket provincial court. Crown Counsel: David McCaskill.
· 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.
· On January 29, 2018, a truck was parked at the loading dock of the Accuristix Inc. warehouse facility.
· Next to the loading docks was a shipping door.
· A worker exited the warehouse facility using the shipping door.
· At the same time, the truck that had been parked at the loading dock began to drive away.
· The truck struck the worker, causing fatal injuries.
· A Ministry of Labour investigation determined that there were no barriers, warning signs or other safeguards in place to protect workers from the dangers of vehicle traffic at the time the incident occurred.
· Section 20 of Ontario Regulation 851 (the Industrial Establishments Regulation) states that barriers, warning signs or other safeguards for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker.
· Accuristix Inc. failed as an employer to ensure that barriers, warning signs or other safeguards were used where vehicle traffic endangered the safety of a worker.This contravened section 25(1)(c) of the Occupational Health and Safety Act as prescribed by section 20 of Regulation 851.