1) List the events in this case that lead up to and include the accident.

1) Employee at Canadian Linen and Uniform Service Co. went into work On February 7, 2006. 2) A part of the workers duties for that day was to empty a bag of soiled garments and count how much there were so they could be transported to another plant. 3) The soiled garments were hanging n an overhead railed conveyer system 4) In order to reach these garments the worker stood on a stainless steel table at the workplace to take down a bag 5) After getting a hold of the bag, the worker tried to climb down from the table 6) The worker lost balance and fell to the floor.

2) Describe the injury sustained and the direct cause.

The injury that was sustained by the worker was a broken right lower leg. After falling off the table that was 79 centimeters off the ground, the impact that the workers body had with the floor caused for their right lower leg to get injured. The awkward impact of the fall resulted in the direct cause of the injury as the worker suffered a broken right lower leg.

3 a) what section(s) of the Act (and what Regulation(s) if cited in your case) were violated? Please write out verbatim those section(s) of the Act and regulation(s).

Act
Part 3 – DUTIES OF EMPLOYERS AND OTHER PERSONS
Section 25 (1)(c) – an employer shall ensure that, the measures and procedures prescribed are carried out in the workplace;

Regulation
Material Handling
Section 45 (c)- Materials, articles or things, to be removed from a storage area, pile or rack, shall not be removed in a manner that will not endanger the safety of any worker.

3 b) What OTHER sections of the Act and Regulations COULD the company have been charged with in your case? Provide at least four (4). Write out these sections verbatim. You do not have to defend your choices.

Act
Section 25 (2)(a) – without limiting the strict duty imposed by subsection (1), an employer shall… a) provide information, instruction and supervision to a worker to protect the health or safety of the worker

Section 25 (2)(h) – without limiting the strict duty imposed by subsection (1), an employer shall, - (h) take every precaution reasonable in the circumstances for the protection of a worker;

Section 26 (1)(k) – In addition to the duties imposed by section 25 and employer shall, where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for the protection of a worker;

Section 27 (2)(c) - a supervisor shall ensure that a worker, without limiting the duties imposed by subsection (1), a supervisor shall, take every precaution reasonable in the circumstances for the protection of the worker

Regulation
Section 45 (a) materials articles, or things, required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and such precautions and safe-guards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker;

Section 45 (b) (ii) – materials, articles or things, shall be transported, placed or stored so that the material, articles or things, can be removed or withdrawn with out endangering the safety of any worker

4a) what was the amount of the fine(s) levied by the judge in your case?

The fine imposed by Justice of the Peace Louisete Girault of the Ontario Court of Justice in Ottawa was $85,000. In addition, the court imposed a 25-per-cent victim fine surcharge.

b) What sections of the Act guide the judge in the amount of the fines for individuals & Corporations? Write out these sections verbatim.

The section in the Act that helped the judge make his decision was

Part IX- OFFENCES AND PENALTIES, section 66 (1) Penalties- Every person who contravenes or fails to comply with,

a) A provision of this act or regulations
b) An order or a requirement of an inspector or a director, or
c) In order of the minister,
Is guilty of an offence and on conviction is liable to a fine of not more tan $25,000 or to imprisonment for a term of not more than 12 months or both.

(2) Idem- if a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed upon the corporation is $500,000 and not as provide therein.

5. What remedial action would you put in place to ensure the specific accident in your case does not reoccur in the future?

In this case, the worker was placed in a hazardous situation in taking down material in an awkward height and posture. The worker was also standing on a table, which is clearly not the required equipment needed for standing on. The table was about 79 centimeters off the ground, and though its not stated in the case, the fall could have occurred due to the height of the table from the ground or due to the fact that the table was unstable and the worker tipped the table over.

In distinguishing remedial action needed to ensure that the specific accident does not occur in the future, its important that we Recognize, Assess, and Control any potential hazards in the workplace. To start, the best way to prevent an accident is to first control the source. Here I would make sure that some sort of ladder or stepping mechanism is put in place instead of tables. While tables are useful for activities such as reading or writing on or using a computer, such equipment should not be used as a substitute for other other duties.

Secondly, certain steps are needed in insuring a healthy workplace. First engineering controls can be used to change the equipment being used so duties are less hazardous. Engineering controls can be changing tables to ladders, or changing where the actual garments are being placed (ex at floor level, instead of putting it at a higher height). Administrative controls can be like, allowing the supervisor to properly train the employees on how to use ladders, and allowing employees to take breaks so they are not tired when they do such activities at such climbing into higher places to perform tasks. Policies and Procedures that can be used is making sure that employees are using the mandatory equipment and penalizing ones that don’t. Also there should be a lot of performance aids in the workplace that shows the proper ways of using ladders and how to grab materials when you’re on one. Finally PPE that can be used in this case could be maneuverable shoes, and a guard at the end of the ladder to stop someone from falling off the ladder.

It is important that after clearing up dangers in one department, the whole plant needs to be inspected for such hazards. Ensuring that the company’s equipment’s are changed and policies are implemented can allow for a safer environment.