While a logging truck driver was removing tie-down cables from his load, a big log that had been loaded above the tops of the stakes fell and killed him. Either the log was unstable and ready to fall as soon as a tie-down was removed or it was dislodged from a stable position by the movement of a cable.
The Regulations for Industrial Establishments (R.R.O. 1990, Reg. 851, s. 45(b)(ii)) state that "material, articles or things shall be transported, placed or stored so that [they] can be removed or withdrawn without endangering the safety of any worker."
The Regulations also state (R.R.O. 1990, Reg. 851, s. 116) that:
"A vehicle used for hauling logs shall,
(b) be so loaded that no log extends,
(i) outside the stakes, or
(ii) farther than one-half its diameter above the stakes."
No log in a load should be more than one-half its diameter above the stakes at any point between the tops of the stakes.
Workers loading and unloading logs and other materials should be instructed in safe procedures appropriate to the material they handle. These procedures should be designed to ensure that whenever there is a possibility that part of a load will fall no worker will be in its path.
This Ministry of Labour Alert has no legal effect and does not constitute and is not a substitute for legal advice. If you require specific assistance with respect to the interpretation of a legislative provision and its potential application to you please contact your legal counsel.
Remember that while complying with occupational health and safety laws, you are also required to comply with applicable environmental laws.
Please photocopy Ministry of Labour Alerts, distribute them widely and post them where people will see them.