Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Samuel, Son & Co. of Oakville, Ontario, a company that provides steel coil processing services and packaging, was injured while repairing a steel coil between a turnstile and down-ender table where no guard or shield was in place to prevent access to the hazard, a violation of section 26 of the Ontario Regulation 851, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On November 8, 2023, a Nelson Steel worker was using electronic control panels to operate a turnstile and down-ender table. The turnstile rotates the steel coils, while the down-ender table lowers them into a horizontal position so they can move along the packaging line on a roller conveyor. The worker used the control panels to transfer a steel coil from the turnstile to the down-ender table and lower it into the horizontal position.
A nearby worker noticed that the tail of the coil had popped out or become unsecured. This worker entered the area between the turnstile and the down-ender table and leaned over the coil to attempt the repair.
During the repair, the worker at the control panels inadvertently activated the turnstile pusher, causing a coil to be pushed off the turnstile arm and fall to the ground, injuring the worker performing the repair.
Following the incident, the company complied with an order requiring the incident area to be shielded or guarded.
Following a guilty plea in the Ontario Court of Justice in Hamilton, the company was fined $125,000 by Justice of the Peace Marsha Farnand; Crown Counsel was Tyler Fram.
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:
Samuel, Son and company, was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 26, which states,
“A machine shall be shielded or guarded so that the product, material being processed or waste stock will not endanger the safety of any worker.”
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.”
It is important to note that most industrial sector accidents begin with “Machine Guarding”. Plain and simple!
Ensure your engineered machines and lines are meeting the “Machine Guarding” sections in reg. 851/90 and this regulation is the main regulation setting out workplace protection from coming in contact with moving parts.
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.
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.