Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Advanced Building Innovation Company Inc. of Nepean, Ontario, a maker of prefabricated homes for construction sites, was injured by an automatic nailing machine while performing repairs. The company failed, as an employer, to ensure the machine was properly locked out, contrary to section 76 of Ontario Regulation 851/90 and section 25(1)(c) of the Occupational Health and Safety Act.
On July 31, 2023, a maintenance worker was doing repairs on an automatic nailing machine that nails wall frames together. The machine was not locked out. Unaware that the maintenance worker was doing repair work, a co-worker started the machine, which injured the maintenance worker.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that the company had lock-out/tag-out and de-energizing procedures and a light curtain system to prevent access to the machine during operation. However, the machine was not locked out and the light curtain system did not effectively prevent access to the machine at the time of the incident.
Following a guilty plea in the Provincial Offences Court in Ottawa, the company was fined $60,000 by Justice of the Peace Serge Legault; Crown Counsel was Alicia Gordon-Fagan and Sarah Abdul-Jalil, Student-at-Law.
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:
Advanced Building Innovation Company Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector 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.”
This is contrary to 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.”
Lockout and Tagout (LO/TO) is a serious safety process that all maintenance people are regularly trained on and the supervisor MUST ensure that the process is strictly enforced.
Section 27, subsection 1(a) of the OHSA states,
“A supervisor shall ensure that a worker,
- works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”
The employer, under section 25, subsection 2(c) ensures supervisor compliance. It states,
“An employer shall,
(c) when appointing a supervisor, appoint a competent person.”
If the reader has forgotten the definition of “Competent Person” it is listed below.
“competent person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace.”
As the reader can see, there is a lot of responsibility to go around.
Ensure your company follows all sections in your sector-specific regulation concerning LO/TO.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Electrical Safety Awareness’ and ‘Lockout and Tagout’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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.