It was a small task. Top up the fuel on a mobile crane. The worker climbed up, got to the tank, and opened the lid. Nothing about it looked dangerous.
On January 7, 2010, at a Hamilton facility, that lid fell on the worker's hand. He lost his grip, fell from the crane, and was injured. A refuelling job turned into a court case because one lid was not secured while it was open.
Be clear about the timing before you read on. This is a 2010 incident and a 2012 sentencing, not recent enforcement. It is here because the duties it turns on have not changed.
What Happened
Bermingham Construction Ltd. operated a facility in Hamilton, Ontario. On the day of the incident, a worker was refuelling a mobile crane there. To reach the fuel tank, he climbed up onto the crane itself.
He opened the fuel tank lid. The lid fell onto the worker's hand. With his hand struck and his balance gone, the worker fell from the crane and was injured.
A Ministry of Labour investigation found the problem was not the worker and not the weather. The lid was not secured while it was open. There was no measure in place to hold it clear of the worker's hands during fuelling. Both the company and a company supervisor were convicted on October 4, 2012, of failing to take the reasonable precaution of ensuring the fuel tank lid was secured during fuelling.
What the Law Says
Bermingham Construction Ltd. was convicted under the Occupational Health and Safety Act, section 25(2)(h), the general employer duty to take every precaution reasonable in the circumstances for the protection of a worker. The company supervisor was convicted under section 27(2)(c), the matching supervisor duty to take every reasonable precaution.
Basically, what this means is simple: the employer has to look at a job, see the ways it can hurt someone, and deal with them before the worker starts. The supervisor has to do the same on the floor, in real time. A heavy lid that can swing shut on a hand while a worker is balanced up on a machine is a foreseeable hazard. Securing it is a reasonable precaution. Nobody did it, so both duties were breached.
The court fined the employer $65,000 and the supervisor $4,000, for a total of $69,000, plus the mandatory 25% victim fine surcharge.
Three Things This Case Teaches Ontario Employers
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Routine tasks are where people get hurt. Refuelling gets treated as a nothing job, so it rarely gets a procedure or a second look. That is exactly why it bites. Write a simple safe-work procedure for refuelling every piece of mobile equipment, and include how caps, lids, and covers are held open so they cannot fall back on a hand.
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Working at height starts lower than you think. The worker did not fall from a roof. He fell from a crane while doing a fuel top-up. Any time a worker has to climb onto equipment, look at how they get up, where they stand, and what could knock them off balance. Provide proper access, secure footing, and a way to keep both the equipment and the worker steady.
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The supervisor duty is not decoration, and it carries its own fine. This case convicted a supervisor personally, on top of the company. Supervisors are expected to see the hazard in front of them and act. Make sure your supervisors know that "take every reasonable precaution" means the small stuff too, like confirming a lid is secured before a worker reaches into it.
Go watch someone refuel your mobile equipment this week. Watch how they climb up, where they put their hands, and what happens the moment that fuel cap or lid comes open. Then ask your supervisor one thing: what is our procedure for this, and what holds that lid clear while the worker's hands are busy. What they tell you, and what they have never once thought about, will tell you whether your next refuelling is a routine task or the next line in a court bulletin.