OHS Canada Magazine

Tillsonburg company fined $175,000 by Ontario court in death of worker


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November 29, 2022
By OHS Canada

Health & Safety Marwood International OHS Fines ontario Tillsonburg Worker Fatality

An Ontario company has been fined $175,000 after one of its workers was struck and killed by a massive steel coil.

On July 15, 2021, three workers at Marwood International in Tillsonburg, Ont., were moving coils of steel from the receiving area into a storage bay.

The coils varied in outside diameter from 63 to 72 inches, were between 12 to 14 inches wide and ranged in weight from 9,600 to 13,200 pounds. The coils were free standing on the concrete floor with no measures or side supports to prevent them from rolling or tipping over.

As the forklift operator was positioning a coil, the forks of the forklift made contact with another coil, resulting in a domino effect that caused three coils to tip over.

One of the workers, who was standing between two coils, was struck and killed. The deceased was identified as 44-year-old James Klein.

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The employer failed to take specific measures and procedures to protect the safety of a worker as prescribed by paragraph 45(a) of the Industrial Regulation 851/91, which requires material to be transported, placed or stored so it will not tip, collapse or fall, the province said. Therefore, the employer violated section 25 1 c of the Occupational Health and Safety Act.

Marwood International pled guilty in court and was fined $175,000, plus 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.

At the time of his death, Klein was mourned as a beloved brother and uncle. “He was a loyal and generous person with a passion for living fully and fearlessly,” according to his obituary.

The obituary added: “Jamie will be fondly remembered as someone who was always ready for an adventure, whether on the track, trails or around the campfire sharing beers and stories long into the night.”

With files from the London Free Press/Canadian Press.

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