Blog Post #880 – Clyde Union Canada Ltd. Fined $50,000 after Worker Injured by Ruptured Hose

Blog Post #880 – Clyde Union Canada Ltd. Fined $50,000 after Worker Injured by Ruptured Hose

Excerpt from the government of Ontario’s ‘Newsroom’

Clyde Union Canada Limited, a company specializing in pump technology and hydraulic design, pleaded guilty and has been fined $50,000 after a worker was critically injured by a ruptured water hose.

On or about February 5, 2015, a worker was testing a pump at the company’s workplace at 4151 North Service Road in Burlington when one of the 24-inch pipe elbows located outside the building froze, preventing the circulation of water in a rubber hose. The system then backfilled until it exceeded its maximum pressure. A six-inch rubber hose in the system ruptured, expelling water which struck the worker with enough force to push the worker about 30 feet across the shop floor. The worker’s injuries included fractures and lacerations.

A Ministry of Labour investigation found that the company failed to take the reasonable precaution of installing a pressure relief valve in the discharge water lines, contrary to the Occupational Health and Safety Act.

The company was fined $50,000 in Burlington court by Justice of the Peace Denis Lee on May 17, 2016.

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) in contravention,

Clyde Union Canada Ltd. was found guilty of a violation of the Ontario Occupational Health and Safety Act, (OHSA), section 25(2)(h) which states,

“An employer shall,

(h) take every precaution reasonable in the circumstances for the protection of a worker.”

My opinion,

How many times does the Ministry of Labour (MOL) need to remind employers of section 25, subsection 2(h)? It is a very simple rule to follow. In fact, the MOL finds this section to be the most dominate in the ‘Green Book’ that they added to another section describing the role of the supervisor in the workplace.

Section 27, subsection 2 (c) of the OHSA states,

“A supervisor shall,

(h) take every precaution reasonable in the circumstances for the protection of a worker.”

As the reader can see, the employer/supervisor MUST understand that every reasonable precaution MUST be taken to protect workers. Please keep this in mind when dealing with time delays or work stoppages. Remember, the workers’ safety is the #1 concern and overriding priority.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level
VP & Senior Trainer
HRSGroup Inc.

 

Dan
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