Bulletin Put Elevator Company on Notice of Possible Safety Issue

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The hydraulic cylinder of an elevator failed, injuring five people. The elevator maintenance company was convicted of five violations of the Technical Standards and Safety Act and fined $400,000. On appeal, the court upheld the convictions and fine. An industry safety bulletin had put the company on notice of the hazard of unexpected oil loss in hydraulic cylinders. A worker had added 100 litres of oil to the elevator’s cylinder without being able to account for the oil loss. This unexplained loss of a large amount of oil should have indicated to the company that the safety of the elevator had been compromised. Thus, the cylinder’s failure was foreseeable [The Technical Standards and Safety Authority v. Fujitec, [2013] ONSC 497 (CanLII), Jan. 22, 2013].