Blog Post #799 – Fastening Gun Fires, Injures Worker, $50,000 Fine to Employer

Blog Post #799 – Fastening Gun Fires, Injures Worker, $50,000 Fine to Employer

Excerpt from the government of Ontario’s ‘Newsroom’

1860317 Ontario Ltd., operating as Agrivac Ventilation & Fabrication, has been fined $50,000 after a worker was injured by a fastening gun.

A worker employed by the company was performing sheet metal work at a project located at 800 Lansdowne Avenue in Toronto on August 14, 2013. The worker was using a fastening gun to complete the work and was carrying the fastening gun down a set of stairs when the gun fired a steel pin into the worker’s body. The worker was taken to the hospital for medical treatment.

Following a trial, the court found Agrivac Ventilation & Fabrication guilty, under the Occupational Health and Safety Act, of failing to ensure a worker was adequately trained on the use of an explosive actuated fastening tool, and failing to ensure the tool was used in accordance with the operating manual issued by the manufacturer. A fine of $30,000 was imposed for the first offence and a fine of $20,000 was imposed for the other by Justice of the Peace David J. Hunt in Toronto court on June 24, 2015.

In addition to the fines, Justice of the Peace David J. Hunt imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

The law(s) violated,

Agrivac Ventilation & Fabrication was found guilty of a violation of the Ontario ‘Construction’ regulation 213/91, Section 117(1) which states,

“No worker shall use an explosive actuated fastening tool unless he or she has been adequately trained in its use.”

Agrivac Ventilation & Fabrication was also found guilty of a violation of reg. 213/91, section 93(3) which states,

“All vehicles, machines, tools and equipment shall be used in accordance with any operating manuals issued by the manufacturers.”

And finally, Agrivac Ventilation & Fabrication was found guilty of a violation of the Ontario Health and Safety Act, (OHSA), section 25, subsection 1 (c) which states,

“An employer shall ensure that,

(c) the measures and procedures prescribed are carried out in the workplace.”

My opinion,

Where was the training? Where was the supervision? Why did the employer not research the green book to find out his/her responsibility on the job?

Yes, I know this is an ongoing record; The same story, just another day. If only more employers took their time and included, in the tailgate meeting, all the identified hazards, the assessing of those hazards and the control of those hazards. It would certainly make life easier for workers knowing that the employer has safety as the number 1 priority.

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.

Dan
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