Excerpt from the government of Ontario’s ‘Newsroom’
IKO Industries Ltd., a Calgary-based roofing manufacturer, was fined $60,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On March 24, 2011, at the company’s Brampton facility, a worker was investigating a problem on one of the production lines that manufactures asphalt shingles. The worker placed a gloved hand on a sheet of asphalt that was being processed. The worker’s hand was pulled into a roller and exposed to a pot of tar. The worker suffered third degree burns.
IKO Industries Ltd. pleaded guilty to failing to ensure that the line’s rollers were equipped with a guard or other device to prevent access to the pinch point.
The fine was imposed by Justice of the Peace Hilda Weiss. 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) in contravention:
IKO Industries Ltd. was found guilty of a contravention of section 25 of the Ontario ‘Industrial’ regulation 851/90 which states,
“An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point.”
There is a large section in the Ontario ‘Industrial’ sector regulation 851/90 which covers machine guarding. (Sections 24-39) The employer should have reviewed the regulation prior to any work being done. Their health and safety committee should have also completed periodic inspections of the area to determine if the regulations are being adhered to. Specialized training, if required, should also have been provided by the employer and all training materials MUST be reviewed by the committee yearly.
It is not just important for workers to be trained. It is also important for supervisors to ensure that the training meet the regulatory requirements. If they do not know the regulatory requirements then the employer is at fault under section 25, sub-section 2(c) which covers the importance of the employer hiring competent persons.
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.