Excerpt from the government of Ontario’s ‘Newsroom’
Automaker FCA Canada Inc., part of Fiat Chrysler Automobiles NV, pleaded guilty and was fined $140,000 after a worker received head injuries when bolts failed on a transfer press undergoing maintenance.
The incident took place on July 26, 2015, at the company’s assembly plant in Brampton. A worker was performing annual preventative maintenance work on a transfer press known as the D-Line Press, a machine used to manufacture automobile door and fender panels. Maintenance was being performed on the machine’s clutch.
The worker and two colleagues were removing bolts connecting a clutch plate to other components of the clutch assembly when two bolts from the clutch spring assembly fractured and were ejected at high velocity. One worker was struck in the head by a clutch spring assembly, lost consciousness and suffered injuries.
The Ministry of Labour’s investigation found that each time the press completed a cycle, a force was applied to the clutch spring assemblies that could separate the bolt connections. Because the force was applied repeatedly, the bolts progressively deteriorated and eventually fractured. The company and workers were aware of periodic breakage of spring bolts and modifications were made but bolt failure continued to occur.
The company pleaded guilty for failing to take every precaution reasonable in the circumstances to protect a worker from the ejection of parts from the transfer press when performing maintenance work – a violation of the Occupational Health and Safety Act – and was fined $140,000 by Justice of the Peace Samantha Burton on September 27, 2017.
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
FCA Canada Inc., part of Fiat Chrysler Automobiles NV was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 25, subsection 2(h) which states,
“An employer shall,
(h) take every precaution reasonable in the circumstances for the protection of a worker.”
This section, as well as section 27 subsection 2(c) of the OHSA says exactly the same thing, well almost.
Section 27, subsection 2(c) states,
“A supervisor shall,
(c) take every precaution reasonable in the circumstances for the protection of a worker.”
As the reader can see, the employer and supervisor have to practice “Due Diligence” as part of every aspect of the workplace operations. If not, then these to sections will figure prominently in the Ministry of Labour (MOL) investigation. It is one of the first things the MOL looks for.
HRS Group Inc. has a great team that can help you with all your health and safety needs. 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.