Canadian recycler fined for driver death

Halton Recycling pleads guilty and has agreed to pay a fine of $225,000 in worker's death.

The Ontario Ministry of Labour has announced that Burlington, Ontario-based Halton Recycling Ltd., operating as Emterra Environmental, has pleaded guilty and has been fined $225,000 in the death of a worker who was killed while picking up recyclables in Oxford County, Ontario.

On May 1, 2013, the worker, who was employed by an employment agency, was assigned to operate a side-loading collection truck to pick up recyclables in Blandford-Blenheim, Ontario.

The collection vehicle had two sets of controls: one set on the left for when the driver was sitting and one from the right side to be used while the driver was standing. The truck’s design allows the operator to remain standing during the collection of material. If the pickups are close together, the task can entail the operator leaving the vehicle frequently.

On the day of the incident the worker was operating the truck from the right side while standing. The driver entered a curve and lost control of the truck. While attempting to regain control, the driver was ejected from the vehicle and sustained head injuries that proved fatal.

During the investigation of the accident, conducted by the Ontario Ministry of Labour and the Ontario Provincial Police, the following circumstances were revealed:

  • The truck was traveling at 77 kilometers an hour (around 48 mph) and was in transit in a rural area.
  • Several company drivers acknowledged operating vehicles from the stand-up right side position at speeds of 60 to 80 kilometers per hour. It also was revealed that it was common practice for workers to operate vehicles from the stand-up position on rural routes despite being in relatively lengthy transit between pick-ups.
  • The truck was equipped with an occupant safety restraint device that was not in use.
  • The truck was equipped with a right-side door safety restraint device that, upon examination, was found to not be functional.
  • The right-side cab door was not closed and latched.
     

The company's health and safety manual states that “Halton Recycling vehicles are not designed to operate at speeds exceeding 30 km/hour (20 mph) when driving from the right-side stand-up position as this practice is unsafe and illegal. Always use the left-side driving operation for any driving where speeds exceed 30 km/hour or for long-distance driving." Despite the warning, several Halton workers stated that they were unaware of the policy.

An American National Safety Standard for mobile waste and recyclable materials collection states that speed while operating these truck from the stand-up position should not exceed 32 kilometers per hour.

The same safety standard states that all driver restraining devices must be used while operating from the right-hand position and at all times while in transit.

The two agencies faulted Halton Recycling for failing to take all precautions reasonable in the circumstances for the protection of a worker, as provided for in Section 25(2)(h) of the Occupational Health and Safety Act.

The company pleaded guilty and was fined $225,000.

In addition to the fine, the court imposed a 25 percent 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.

Sponsored Content

SENNEBOGEN 340G telehandler improves the view in Macon County, NC

An elevated cab is one of several features improving operational efficiency at the Macon County Solid Waste Management agency in North Carolina. When it comes to waste management, efficiency, safety and reliability are priorities driving decisions from day one, according to staff members of the Macon County Solid Waste Management Department in western North Carolina. The agency operates a recycling plant in a facility originally designed to bale incoming materials. More recently, the building has undergone significant transformations centered around one machine: a SENNEBOGEN telehandler (telescopic handler).

 

Get curated news on YOUR industry.

Enter your email to receive our newsletters.

Loading...