Excerpt from the government of Ontario’s ‘Newsroom’
Auto parts manufacturer Linergy Manufacturing Inc., carrying on business as LPP Manufacturing, pleaded guilty and has been fined $80,000 after a worker was injured while handling machinery that was still connected to power.
The incident took place at company’s facility at 347 Silvercreek Parkway North in Guelph on October 20, 2015. A machine operator was performing maintenance on a machine known as a CNC lathe. The machine was put into manual mode, but was not powered off. The worker was engaged in removing the machine’s chuck by unthreading it and removing it from its spindle. The chuck unexpectedly retracted to the back of the lathe and the worker’s fingers were trapped. A co-worker activated a foot pedal, which caused the chuck to move out from the plate, releasing the worker.
This was the first time the worker had been asked to remove the chuck, and no training had been received by the worker relating to locking out this machine. The worker suffered injuries, some of them permanent, and months later was unable to return to work.
Provincial law requires that where the starting of a machine, device or thing may endanger the safety of a worker, control switches or other control mechanisms shall be locked out and other effective precautions necessary to prevent any starting shall be taken.
Justice of the Peace James T. Ziegler imposed the $80,000 fine in Guelph court on November 23, 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.
My opinion
The law(s) in contravention:
Linergy Manufacturing Inc. was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851/90, section 76 which states,
“Where the starting of a machine, transmission machinery, device or thing may endanger the safety of a worker,
(a) control switches or other control mechanisms shall be locked out; and
(b) other effective precautions necessary to prevent any starting shall be taken.”
Linergy Manufacturing Inc. was also found guilty of a contravention of the Ontario Occupational 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.”
The government does not want companies to work safe but to understand that the consequences of not working safe will be costly. The new fines are up to $100,000 per person per contravention and company fines are up to $1,500,000.
I also feel that section 25 of the OHSA, subsection 2(a) was also in violation. It states,
“An employer shall,
- provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
Why was the employer kept from critical information like the Lockout and Tagout procedures for the lathe? HRS Group Inc. can provide your organization with LOTO training and help you develop safety policies and procedures to deal with any of your equipment.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Lockout and Tagout’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.