Blog Post #1149 – Injury from Machine in Brampton Results in $60,000 Fine for Baked Goods Company

Excerpt from the government of Ontario’s ‘Newsroom’

Give and Go Prepared Foods Corporation, a manufacturer of baked goods, had an employee suffer permanent injury after reaching into a sugar-sifting machine while it was operating. The accident happened at the company’s facility at 725 Intermodal Drive, Brampton, Ontario on June 13, 2017.

To operate the sugar-sifting machine, a worker stands on a platform that surrounds the machine, and gradually empties large bags of icing sugar into the machine. An auger in the sugar-sifting machine transports the sugar to an industrial mixer, where it is mixed with other ingredients to make cake fondant.

The worker operating the sugar-sifting machine reached down and into the machine to move icing sugar towards the auger. The worker made contact with the auger, receiving injuries.

The worker received first aid at the facility and was taken to hospital for further medical treatment.

At the time of the incident, the sugar-sifting machine was not equipped with a guard to prevent access to the rotating auger.

As such, Give and Go failed as an employer to ensure the sugar-sifting machine was equipped with a guard to prevent access to the rotating auger.

Following a guilty plea, Give and Go Prepared Foods was fined $60,000 by Justice of the Peace Jeannie Anand in Brampton court; Crown Counsel Amanda Landre.

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:

Give and Go Prepared Foods was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 24 which states,

“Where a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, the machine or prime mover or transmission equipment shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”

This was in direct contravention of section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“An employer shall ensure that,

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

Machine Guarding is such an important part of the everyday workplace and can be found in any of the four sector regulations. In fact, the first few months of 2020 were scheduled to be Machine Guarding Blitz for the Industrial sector since there has been so many accidents in recent times.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Machine Guarding’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

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.

 

 

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