Excerpt from the government of Ontario’s ‘Newsroom’
Parker Canada Holding Co., a Nova Scotia company carrying on business as Parker Hannifin Canada, which manufactures tubing and hosing was fined $80,000 after a worker was injured.
On November 21, 2012, at the company’s plant located at 925 Glengarry Crescent in Fergus, a worker was working at a tube/hose extruder, where tubing was being manufactured and subsequently being wound up on a spool known as a “bulk winder”. The tubing was not being wound evenly and the worker attempted to smooth it out by hand. A rod protruding from the spool’s shaft/collar caught the end of the worker’s shirt tail and pulled the worker down and around the spool several times. The worker sustained a number of severe injuries and was immediately taken to hospital.
A Ministry of Labour investigation noted that the machine had exposed moving parts that would expose a worker to a hazard and there was no guard or other device that prevented the access to the collar on the shaft of the winder.
Parker Canada Holding Co. pleaded guilty to failing to ensure that a machine with an exposed moving part that may endanger the safety of a worker is equipped with and guarded by a guard or other device that prevents access to the moving part.
The fine was imposed by Justice of the Peace Michael A. Cuthbertson. In addition to the fine, the court 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) on contravention:
Parker Canada Holding Co. was found guilty of a contravention of the Ontario ‘Industrial’ Regulation 851/90, section 24 which states,
“Where a machine has an exposed moving part that may endanger the safety of any worker, the machine shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
Parker Canada Holding Company was also found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25(1)(c) which states,
“An employer shall ensure that,
The measures and procedures prescribed are carried out in the workplace.”
There is machine guarding sections in all of the sector regulations.
1. Sector ‘Industrial’ covers machine guarding from section 24 to 44.2;
2. Sector ‘Construction’ covers machine guarding in section 109;
3. Sector ‘Mining’ covers machine guarding in section 185; and
4. Sector ‘Healthcare’ covers machine guarding in sections 44 to 49.
Please ensure that you have read the appropriate sections that apply to you. You and your workforce will be glad you did.
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Machine Guarding’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.