Blog Post #1647 – Workplace Injury Results in $85,000 Fine for Mississauga Company

Report from the government of Ontario’s ‘Newsroom’

A worker, employed by Cerelia Bakery of Vancouver, British Columbia, was critically injured after accessing an unguarded pinch point on a conveyor. Cerelia Bakery failed, as an employer, to ensure that the conveyor was guarded to prevent access to the pinch point, as required by section 25 of Ontario Regulation 851/90, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

On October 6, 2022, a worker, employed by a temporary help agency, was working on the cookie producing line at one of three oven conveyors in operation at the facility.

To rest after prolonged standing, the worker sat on a guardrail parallel to the conveyor. The worker rested one foot on a step platform outside the guardrail and moved their other leg through a 16-inch space between the guardrail and the conveyor to rest their foot on the lower frame of the conveyor. While in this position, the worker lost balance and was injured by a pinch point on the conveyor.

A Ministry of Labour, Immigration, Training and Skills Development inspection found that there was no adequate guarding to prevent access to the pinch point from above.

Following a guilty plea in the Provincial Offences Court in Newmarket, Cerelia Bakery was fined $85,000 by Justice of the Peace Cristina Santos; Crown Counsel was Christine Perruzza.

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:

Cerelia Bakery was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector 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.”

This is contrary to 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.”

There more Machine Guarding accidents in the Industrial sector than any other hazards.

Please try the user-friendly website and check out the sub-heading of ‘Machine Guarding’ for further details.

I believe the MLITSD needs to commit to more blitzes in this area. I know they have in the past and should continue in the near future.

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
CEO & Senior Trainer
HRS Group Inc.