Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Hung Wang Foods Inc., a company that operates a noodle manufacturing facility, suffered injury while attempting to clear dough that was jammed in a noodle cutting machine. Fred King-Cheong Fung, a director of the company, was also charged in the incident.
On August 30, 2016, a worker employed by Hung Wang Foods Inc. as a general labourer was operating a wonton noodle cutting machine at the company’s facility.
The wonton noodle cutting machine uses cutting rollers to cut sheets of dough into noodles; bunches of noodles are then cut by rotating cutting paddles.
The worker was operating the machine when dough became jammed in the area of the cutting rollers. The worker, in attempting to clear the jam, reached into the machine and made contact with the rotating cutting paddles.
The worker was injured and was taken to hospital for medical treatment.
At the time of the incident, the machine was not equipped with a guard to prevent access to the rotating cutting paddles.
Hung Wang Foods Inc. failed as an employer to ensure the cutting machine was equipped with a guard to prevent access to the rotating cutting paddles.
Section 32(a) of the Occupational Health and Safety Act requires that every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with the act and the regulations.
As such, Fred King-Cheong Fung failed as an officer of Hung Wang Foods Inc. to ensure the corporation complied with section 24 of the Industrial Establishments Regulation.
Section 25(1)(c) of the Occupational Health and Safety Act requires that an employer shall ensure the measures and procedures prescribed are carried out in the workplace.
Following a guilty plea, Hung Wang Foods Inc. was fined $50,000 and Fred King-Cheong Fung was fined $10,000 by Justice of the Peace Rizwan Khan in Toronto court (70 Centre Avenue); Crown Counsel Amanda Landre.
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.
The law(s) in contravention;
Hung Wang Foods Inc, was found guilty of a contravention of the Ontario ‘Industrial Establishments’ 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.
Since this was a contravention of the Occupational Health and Safety Act (OHSA) and its sector regulations, Hung Wang Foods Inc. was also guilty of a contravention of the 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.”
All officers of a corporation MUST do everything reasonable to be in compliance with the OHSA and regulations, Fred King-Cheong Fung, a director of the company was charged and convicted of a contravention of the OHSA, section 32, subsection (a) which states,
Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,
(a) this Act and the regulations.
This was a good blog post for this time of year because the Ministry of Labour (MOL) is going to commit to a blitz in the “Industrial’ sector and Machine Guarding is playing an important part.
Remember, section 24 to 44.2 of the ‘Industrial’ regulation 851/90 covers all aspects of Machine Guarding. 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 firstname.lastname@example.org
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.