Board Refuses to Suspend Order Barring Double Stacking of Pallets


An OHS inspector saw double stacked pallets of powder bags that posed a tipping and falling hazard to workers. He issued an order barring the double stacking of pallets. The company asked the Labour Relations Board to suspend the order, claiming it wouldn’t be able to accommodate as much product and so would have to use contracted warehousing at a significant cost. The Board didn’t buy this argument. The risk of being injured by falling material is a serious OHS issue. Ordering the company to single stack pallets so they won’t tip is reasonable and consistent with the OHS law’s objectives. In addition, the company didn’t provide any evidence of exactly how much compliance with the order would cost it or the overall impact of compliance on its finances [Stirling Chemicals Inc. v. Mirza, [2010] CanLII 30812 (ON L.R.B.), June 3, 2010].