Worker suffered a shoulder injury when he was working in a primer booth as a spray painter. He was operating a hoist by remote control. The remote control was not working properly and it suddenly wrenched his shoulder as he still had his hand on the item being lifted by the hoist.
The court accepted the injured worker’s evidence that he had previously reported issues with the hoist and control. The court also accepted it was standard practice for employees to leave their hand on the item being lifted. This issue was not identified during a risk assessment by the employer.
The court concluded that a simple warning to workers to not leave their hand on the item would have prevented the injury.
Plaintiff won and was awarded $110 000.