Blog Post #818 – Kenzington Burger Bar Fined $50,000 After Worker Suffers Kitchen Burns

Blog Post #818 – Kenzington Burger Bar Fined $50,000 After Worker Suffers Kitchen Burns

Excerpt from the government of Ontario’s ‘Newsroom’

Kenzington Inc., a restaurant in Barrie known as Kenzington Burger Bar, was fined $50,000 after a worker suffered burns from hot oil in the kitchen.

On March 15, 2014, workers were in the kitchen of the restaurant located at 40 Dunlop Street East in Barrie when one worker was tasked with cleaning out and filtering hot oil from a commercial deep fryer.

To complete the task, the worker used two aluminum stockpots to drain oil from the deep fryer. After the oil was drained into the pots, they were placed on the floor. While reaching for a third pot, the worker stepped back and a foot slipped on the
slippery floor, causing the worker to come in contact with the pot filled with oil. The contact caused the oil to spill over onto one leg, resulting in second- and third-degree burns.

A Ministry of Labour investigation found that the temperature of the oil at the time of the incident was about 330 to 350 degrees Fahrenheit. The method which the injured worker used to clean and filter the oil was a regular work practice; however, the injured worker was not provided with any information or instruction on how to safety perform the task. The injured worker was not wearing anti-slip footwear or other forms of personal protective equipment or clothing for the task.

The company pleaded guilty and was fined $50,000 in Barrie court by Justice of the Peace Dennis A. Wilson on November 24, 2015 and was given two years to pay the fine.

In addition to the fine, the court 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,

Kenzington Burger Bar was found guilty of a violation of the Occupational Health and Safety Act (OHSA), section 25(2)(a) which states,

“An employer shall,

(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker.”

My opinion,

Due Diligence! One of my favourite topics. Here we find a company that deals with a process but has not completed a hazard assessment to determine all the associated hazards (including the need for non-slip footwear) and a worker was hurt.

The word “supervision” is there in the definition as well so there were other examples of sections violated (especially under section 27 of the OHSA) and the supervisor could have suffered fines as well.

Something to ponder.

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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