Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Pigments Services Canada Inc., operating as Monteith, of Toronto, Ontario, a manufacturer of paint and specialty coatings, was fatally injured while operating a paint mixing machine. Pigments Services Canada Inc. failed to ensure that the measures and procedures prescribed by section 24 of Ontario Regulation 851/90 were carried out at the workplace, contrary to sections 25(1)(c) and 66(1) of the Occupational Health and Safety Act.
On April 29, 2024, a worker was creating a batch of paint at the company’s Mississauga facility. The paint mixing process involved lowering a paddle into a vat driven by an exposed rotating shaft. While working alone, the worker’s clothing became entangled in the unguarded shaft, resulting in a fatal injury.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found the mixer and similar machines were not properly guarded to protect workers.
Following the incident, the company installed protective covers and mesh guards to prevent access to rotating parts.
Following a guilty plea in the Provincial Offences Court in Mississauga, the company was fined $150,000 by Justice of the Peace Veruschka Fisher-Grant. Crown Counsel was Wes Wilson.
The court also imposed a 25 per cent victim fine surcharge on the defendant, 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:
Pigment Services Canada Inc. was found guilty of the most commonly used section of the Ontario ‘Industrial Establishments’ sector regulation 851/90. Section 24 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 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 are more “Machine Guarding” accidents, many fatal, in the ‘Industrial’ sector.
Please review your company’s machinery to see if there is any way a worker can come in contact with a moving part.
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.