Forklift Injurs Walmart Canada Customer

Wal-Mart Canada Corp. Fined $120,000 For Health And Safety Violations

July 22, 2010 4:20 PM

St. Catharines, Ont. – Wal-Mart Canada Corp., a Mississauga-based company, was fined $45,000 on June 23, 2010, and $75,000 on July 16, 2010, for violations of the Occupational Health and Safety Act.

On September 27, 2008, a worker was using a forklift outside the store at 35 Mapleview Drive in Barrie, to place skids of bottled water in the main entrance. The forklift struck a customer, causing injuries to the customer’s feet.

A Ministry of Labour investigation found that the worker did not have full view of the forklift path of travel and its load.

Wal-Mart Canada Corp. pleaded guilty to failing to ensure that where the operator of material handling equipment does not have a full view of the intended path of travel of the equipment or its load, the material handling equipment shall only be operated as directed by a signaller who is a competent person and who is stationed in full view of the operator with a full view of the intended path of travel of the vehicle and its load.

On January 19, 2009, a worker employed by Wal-Mart at 102 Primeway Drive in Welland climbed a ladder to get approximately five boxes of toys from a shelf. The worker then began to climb back down with the boxes held in one arm. The worker missed a step at the bottom of the ladder and fell, suffering arm injuries.

A Ministry of Labour investigation found that the worker carried the boxes in such a way that his or her safety was endangered by not keeping the required level of contact with the ladder.

Wal-Mart Canada Corp. pleaded guilty to failing to ensure that materials required to be lifted, carried or moved were lifted, carried or moved in a way that did not endanger the safety of any worker.

The fines were imposed by Justice of the Peace Gerry Solursh in Barrie on June 23, 2010, and Justice of the Peace Bruce Phillips in St. Catharines on July 16, 2010. In addition to the fines, the court 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.


Court Information at a Glance

Location:
Ontario Court of Justice
70 King St.
St. Catharines, ON

Judges:                      

  • Justice of the Peace Gerry Solursh
  •  Justice of the Peace Bruce Phillips

Date of Conviction:  July 16, 2010

Defendant: Wal-Mart Canada Corp.

Matter:  Occupational Health and Safety

Convictions:                

Crown Counsels:          

  •  Joe Ferraro
  • Sarah Loosemore

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