Excerpt from the government of Ontario’s ‘Newsroom’
Following a trial, Matrix Logistics Services Ltd. has been convicted and ordered to pay a fine of $70,000 after a worker was seriously injured after being pulled into a moving conveyor belt.
The company, which provides warehousing and storage services for businesses, has a facility at 6941 Kennedy Road in Mississauga.
On May 17, 2012, a worker was performing maintenance on a conveyor belt and the worker’s hand and arm were drawn into the running belt. The worker was able to stop the device and was taken to hospital.
The matter went to trial, which took place over six days in 2015.Justice of the Peace Sally A. Fallon rendered her decision on May 31, 2016 and held a sentencing hearing on October 18, 2016. Justice Fallon found that Matrix Logistics Services committed the offence of failing as an employer to ensure that an in-running nip hazard was equipped with and guarded with a device that prevents access to the pinch point. The $70,000 fine was imposed by the court on February 7, 2017.
The court also 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:
Matrix Logistics Services Ltd. was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851/90, section 25 which states,
“An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point.”
Matric Logistics Services Ltd. 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.”
“Machine Guarding” is a course that is taught to ensure that all employees, including management, understand that any time one can come into contact with a moving part or nip hazard the worker(s) must be protected.
I was wondering if this was an engineering issue or just an oversight on the part of the company. Either way, the worker was placed at risk.
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’, ‘Machine Guarding’ 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.