Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Highline Produce Limited of Leamington, Ontario, a mushroom growing company, was critically injured operating equipment for which no measures, procedures, guards or other devices where in place to prevent access to a hazard. Highline Produce Limited failed to take every precaution reasonable in the circumstances for the protection of a worker in the workplace, a violation of section 25(2)(h) of the Occupational Health and Safety Act.
The company’s Kingsville facility contains rooms for growing and harvesting mushrooms. The mushrooms grow in a soil and compost mixture that lies on top of a net. Once harvested, the nets along with the mixture are removed and sanitized using a Net Washer Machine. The Net Washer sanitizes the net by rolling it onto a bar while simultaneously spraying the net.
On the day of the incident, a worker was assigned to roll and sanitize grow nets using the Net Washer. To be removed and reused effectively, nets had to be aligned correctly on the Net Washer so they did not shift and become entangled in either end of the machine’s bar. Misalignment of the nets was a normal occurrence that required workers to adjust nets with their hands.
The worker was attempting this realignment but became entangled in the net that was threaded on the rotating bar. This resulted in a critical injury.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that the were no measures, procedures, guards or other devices in place to prevent workers from becoming entangled when adjusting nets on the machine.
Following a guilty plea in Provincial Offences Court, Windsor, Highline Produce Limited was fined $115,000 by Justice of the Peace Helen-Nikoleta Karpouzos; 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:
Highline Produce Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
Do everything reasonable in the circumstance for the protection of the worker.”
I hope the reader will review blog post #1706 before completing this one. One can see the difference in accident prevention deterrent in the province of Manitoba and here in Ontario; $7,000 versus $115,000 in fines. It only goes to show that Manitoba is way, way behind when dealing with dangerous employers. This isn’t the 1st time I have had to complain about this province and their lack effort in this manner.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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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.