Security Company Fined $200,000 After Worker Fatality
Ontario Canada June 22 2023
Convicted: Logixx Security Inc., 1801 Hamilton Street, Ste 800, Regina, Saskatchewan S4P 4B4
Location of Workplace: A warehousing and distribution facility at 100 Alfred Kuehne Blvd., Brampton, Ontario
Description of Offence: A worker was fatally injured when they were caught between a reversing truck and a trailer. Logixx Security Inc. failed to take the reasonable precaution of ensuring that a worker wore high visibility apparel when working in a trailer storage yard outside their vehicle.
Date of Offence: November 4, 2021
Date of Conviction: June 13, 2023
Penalty Imposed:
Following a guilty plea in Provincial Offences Court in Brampton, Ontario, Logixx Security Inc. was fined $200,000 by Justice of the Peace Mangesh Duggal. Crown Counsel was Wes Wilson.
The court also 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.
Background:
On November 4, 2021, a security guard was working the night shift at a warehousing and distribution facility that included a storage yard for trucks to deliver and remove trailers for shipping products. Among the security guard’s duties were monitoring truck access to the facility and applying and removing “glad hand locks” to prevent or facilitate the movement of trailers parked in the facility yard.
A shunt truck and driver were also present to move trailers within the facility yard.
At around 6:20 a.m., the shunt driver advised security that a trailer needed to be moved in the yard. The driver moved the shunt truck into position to back up to a trailer.
The security guard attended and walked to the trailer to remove the glad hand lock. The area immediately around the front end of the trailer was dark when the guard arrived at the trailer connection.
The shunt truck reversed. Neither its audible alarm nor its reversing spotlights were functioning. The security guard was caught between the truck and the trailer and suffered fatal injuries.
The shunt truck driver had not seen the security guard enter the area near the trailer. The guard was not wearing high visibility reflective clothing, nor was any located in their vehicle.
Logixx Security Inc. had delivered some high visibility vests to the facility for employee use but did not ensure that they had been distributed or that supervisors were ensuring they were being worn when guards were in the yard outside their vehicles.
Logixx Security Inc. failed, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
