Blog Post #476 – Canduct Industries Limited and Worker Fined $62,000 after Workers Injured

Blog Post #476 – Canduct Industries Limited and Worker Fined $62,000 after Workers Injured

Excerpt from the government of Ontario’s ‘Newsroom’

Canduct Industries Limited, a London insulation components manufacturer, was fined $60,000 for violations of the Occupational Health and Safety Act after two workers were injured in separate incidents. Another worker was also fined $2,000.

On April 25, 2011, a worker was using a table mounted router to cut fiberboard at the company’s London facility. The router did not have a guard to protect the worker from its moving blade. As the worker was cutting the material it kicked back and the worker’s hand slid into the blade. The worker suffered hand injuries.

On October 6, 2011, a different worker was operating a table saw at the same facility. This machine was also not equipped with a guard to prevent access to its moving blade. The worker passed a piece of material over the moving blade and it kicked back, causing the worker’s hand to slide into the blade. The worker suffered hand injuries.

On October 20, 2011, a Ministry of Labour inspector was doing a follow-up inspection of the workplace. The inspector noticed another worker operating a table saw without its guards adjusted to provide protection from the moving blade.

The worker pleaded guilty to failing to ensure that the machine was properly guarded to prevent access to its moving blade. The worker was fined $2,000.

Canduct Industries Limited pleaded guilty to two counts of failing to ensure that a machine was properly guarded to prevent access to its moving parts. The company was fined $30,000 for each offence.

The fines were imposed by Justice of the Peace Jamie Shortt. In addition to the fines, 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) in contravention:

Canduct Industries Ltd. was found guilty of a contravention of section 24 of the Ontario ‘Industrial’ regulation 851/90 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.”

Canduct Industries Ltd. was also found guilty of violating 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.”

A Canduct Industries Ltd. employee was found guilty of a contravention of section 28, subsection 1(a) of the OHSA which states,

“A worker shall,

(a) Work in compliance with the provisions of this Act and the regulations.”

My opinion,

The supervisor also could have been charged under section 27, subsection 1 (a) of the OHSA which states,

“A supervisor shall ensure that a worker,

(a) Works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”

I cannot believe a company would have the MOL come in and see the same violations 3 times in a row. Can you? How many times can you get hit on the head before you decide to act? Hmm…

Life is short! It is even shorter working in a factory/business that continues to be unsafe. Remember, this could be your last day!

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.

We can also be reached at info@hrsgroup.com

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.

Dan
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