The Crown charged Magna Seating Inc. with two occupational health and safety violations arising from a worker being struck by a falling automotive seat at workstation 1630 on assembly line #1.
The first charge alleged failure to ensure material was transported, placed or stored so it would not tip, collapse or fall, contrary to section 45(b) of Ontario Regulation 851/90.
The second charge alleged failure to ensure a machine was shielded or guarded so that material being processed would not endanger worker safety, contrary to section 26 of Ontario Regulation 851/90.
The court found that while the Crown proved the actus reus of the first charge, the defendant successfully established the due diligence defence on a balance of probabilities.
The court dismissed both charges, finding that the defendant had taken all reasonable care in the circumstances to prevent the accident, particularly given the low probability of recurrence, minimal injury potential, and the unforeseeable combination of factors that led to the incident.
