Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Camp Forming Ltd. of Concord, Ontario, a concrete forming contractor, was injured while cleaning a conveyor while its belt was moving. The company failed, as an employer, to provide information, instruction and supervision to a worker to protect the health or safety of the worker, contrary to section 25(2)(a) of the Occupational Health and Safety Act.
On February 28, 2024, a worker was cleaning one of the rollers of a Telebelt telescopic boom conveyor while its belt was in motion. The worker’s upper body was inside an opening under the main conveyor system. When the worker went to move away from the conveyor belt while it was still moving, their coverall was caught on the conveyor’s belt, causing an injury.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that the worker had not been trained on the safe use, care and operation of the Telebelt conveyor system other than the general orientation training provided by the Telebelt’s vendor at the time of the conveyor’s delivery to the workplace.
Following a guilty plea in the Provincial Offences Court in Newmarket, the company was fined $55,000 by Justice of the Peace Rhonda Shousterman; Crown Counsel were Alicia Gordon-Fagan and Emily Jin, 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:
Camp Forming Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(a) which states,
“An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
The problem here is the Ministry could not identify this business in one of the four categories, 1) Industrial, 2) Construction, 3) Healthcare or 4) Mining.
The company could have been charged under ‘Industrial Establishment’ 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.”
Or the company could have been charged under section 25 of the same regulation 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.”
Either way, they failed section 75 of 851/90, section (a) which states,
“A part of a machine, transmission machinery, device or thing shall be cleaned, oiled, adjusted, repaired or have maintenance work performed on it only when,
- motion that may endanger a worker has stopped.”
HRS Group Inc. has a great team that can help you with all your health and safety needs.
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.