A worker entered the MHE Pathway at a Brampton logistics facility. A forklift operator was reversing out of a loading dock trailer at the same time. The operator didn't look backward. The forklift struck the worker and caused a critical injury.
Both workers had received training on the hazards of working around forklifts.
The training wasn't the problem. The system was.
What Happened
On August 14, 2023, a National Logistics Services (2006) Inc. worker at 200 Chrysler Drive in Brampton was preparing to move a pallet of freight when they entered the MHE Pathway — a shared area for both pedestrians and material handling equipment, marked by yellow lines on the floor. A temporary agency worker operating a forklift was simultaneously reversing out of a loading dock trailer. The operator didn't look backward. The forklift struck the worker. Critical injuries followed.
The Ministry of Labour investigation found that both the worker and the forklift operator had been trained on the hazards of pedestrians working near forklifts. The operator had violated that training by not looking backward while reversing.
But the company was convicted — because the control in place (painted floor lines and training) was not adequate separation. National Logistics Services pleaded guilty in the Ontario Court of Justice in Brampton and was fined $70,000 plus a 25% victim fine surcharge under Section 25(2)(h) of the OHSA.
What the Law Says
Section 25(2)(h) OHSA: "An employer shall take every precaution reasonable in the circumstances for the protection of a worker."
Basically, what this means is simple: adequate separation between pedestrians and forklifts requires physical or procedural controls that prevent simultaneous occupancy of the same space. Yellow lines on the floor, combined with training, is not adequate separation when both parties can still be in the same zone at the same time.
Three Things This Case Teaches Ontario Logistics and Warehouse Employers
- Marked shared zones are not separated zones. A painted MHE Pathway can be entered by a pedestrian and a forklift simultaneously. That means it is not controlled separation — it is a shared-use zone with colour coding. The court expects more.
- Training is not a substitute for a physical or procedural separation system. Both workers were trained. One made an error. The system allowed that error to result in a critical injury. A physical or time-separated system would not have.
- Agency and temporary forklift operators require facility-specific orientation, not just equipment certification. An operator from a temporary agency is operating in an unfamiliar traffic environment. Facility-specific traffic procedures must be part of their onboarding before their first shift.
If your facility operates shared pedestrian-forklift zones in a warehouse or logistics environment, review your traffic management system. The full analysis is in the WorkSafe Sounds article linked above.