University of Guelph fined $50,000 for workplace injury

A sign is seen at the entrance to the University of Guelph on Friday, March 24, 2017. (THE CANADIAN PRESS / Hannah Yoon)

Following a workplace injury, the University of Guelph has been fined $50,000 by Justice of the Peace James Ziegler in the Ontario Court of Justice.

The university pled guilty to failing to take every reasonable precaution for the health and safety of an employee, in violation of Section 25(2)(h) of the Occupational Health and Safety Act.

THE INCIDENT

On May 18, 2021, a materials handler employed by the University of Guelph sustained serious injuries while unloading a pallet of soil from a university-owned truck.

A mechanical liftgate was being used to facilitate the unloading process. The worker attempted to use a manually operated "pump truck" to move the pallet onto the liftgate but lost control, resulting in the pallet rolling forward.

To evade the oncoming pallet, the worker jumped off the liftgate and suffered injuries upon impact with the ground.

INVESTIGATION FINDINGS

A subsequent investigation by the Ministry of Labour, Immigration, Training and Skills Development revealed that the worker had not been given adequate instruction on using the liftgate.

Moreover, the university did not adhere to the manufacturer's guidelines, which stated that the pump truck should be pushed—rather than pulled—onto the liftgate to maintain control.

FINANCIAL PENALTIES

In addition to the $50,000 fine, the court imposed a 25 per cent victim fine surcharge, as mandated by the Provincial Offences Act.

This surcharge goes to a special provincial government fund designed to assist victims of crime.