Blog Post #1099 – Worker Struck by Flying Metal, $60,000 Fine for Montreal Company

Blog Post #1099 – Worker Struck by Flying Metal, $60,000 Fine for Montreal Company

Excerpt from the government of Ontario’s ‘Newsroom’

An employee of Lexsuco 2010 Corporation/Corporation Lexsuco 2010 of Montreal, Quebec, a company that manufactures and distributes commercial roofing products, suffered injuries after a cutting tool caught on a piece of copper that then struck the worker.

A worker employed by Lexsuco in the company’s Mississauga facility was trimming a large copper disc on a lathe.

The worker was spinning a large copper disc to create a flashing hub approximately two inches in length. This hub would be used to connect flat roof drains to downspouts.

As the worker was attempting to trim the outer edge of the disc with a cutting tool, the cutting tool caught on the copper, tearing a large piece of copper off the copper disc (called a swarf).  The swarf hit the worker, who suffered injuries.

The subsequent Ministry of Labour investigation found that, at the time of the injury, the spin area on the lathe was not guarded or shielded to protect the worker from the swarf as required.

Following a guilty plea, on MARCH 06, 2018, Lexsuco 2010 Corporation was fined $60,000 by Justice of the Peace Angelo E. Amenta in Mississauga court.

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:

Lexsuco was found guilty of a contravention of the Ontario ‘Industrial Establishments’ 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.”

Lexsuco was also found guilty of a contravention of 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.”

It is important to note that the employer has to think outside the box and review their procedures and contact certain stakeholders (engineering, manufacturer’s etc.) hoping to list possible hazards to be proactive. In today’s world, the employer cannot wait to be reactive!

The employer should have also attempted to bring in a health and safety individual to better lecture and guide them to the pertinent sections of the “Industrial Establishments’ regulation 851/90 as well as explain the duties of the employer which are listed in the Ontario Occupational Health and Safety Act (OHSA).

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 info@hrsgroup.com

Ensure your workplace is a safe place.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.

 

 

Dan
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