Excerpt from the OH&S Canada magazine
The company that manufactures steel nails was fined $50,000 on August 12, 2019 after submitting a guilty plea, following a critical worker injury that occurred early last year.
The incident occurred at the Kitchener facility of THS Industries Ltd., on January 17, 2018, according to a news release from the Ontario Ministry of Labour (MOL). A THS employee was installing a rubber, flexible printing plate on an Automatic Flexo printing machine that day, while a co-worker was operating the machine controls. As the second worker could not see the first one at the other side of the machine, the first worker was pinned between two rollers, severely injuring him.
An inspection by the MOL determined that the injured employee and not receive sufficient information, instruction, or supervision unsafe operation of the printing press, the release stated. This was a contravention of section 25 subsection 2 a of the provincial Occupational Health & Safety Act (OHSA).
Justice of the peace Ralph Cotter ordered THS to pay the fine at the Kitchener provincial-offences Ct., as well as a 25% victim fined surcharge credited to a special provincial government fund to assist crime victims.
This was not the first OH&S conviction for the company, according to the MOL. On April 13, 2016, THS left a machine unguarded, which resulted in a MOL stop-work order on equipment. Staff used the machine before the order was lifted, but no one was injured. THS was fined $20,000 for this incident on April 10, 2017.
The law(s) in contravention
THS Industries was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 25, subsection 2(a) which states,
“An employer shall,
- provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
The original “Machine Guarding” incident was in contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 24 which states,
“Where a machine has an exposed moving part that may endanger the safety of any worker, the machine shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
Not often do you fine a company returning to court on safety issues and have to deal with the Ministry of Labour. The message, usually, is loud and clear, “Keep Your Workers Safe”! I guess they needed a tune-up. So be it!
HRS Group Inc. has a great team that can help you with all your health and safety needs, including “Machine Guarding” and “Due Diligence”.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at firstname.lastname@example.org
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.