Blog Post #221 – Admiral Welding & Mfg. Inc. Fined $40,000 after Co-op Student Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

Admiral Welding & Mfg. Inc., a Beamsville-based company, was fined $40,000 on July 16, 2010, for violating the Occupational Health and Safety Act after a co-op student was injured.

On May 19, 2009, a co-op student with Admiral Welding at 4685 Fretz Blvd. in Beamsville was using a brake press to bend a large piece of steel. The student’s hands were caught between the upper and lower dies of the press, causing injuries.

A Ministry of Labour investigation found that the brake press did not have a guard to prevent access to the pinch point between the upper and lower dies.

Admiral Welding & Mfg. Inc. pleaded guilty to failing to ensure that any part of a machine 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.

The fine was imposed by Justice of the Peace Bruce Phillips. 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:

Admiral Welding and MFG Inc. 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.”

Any employee with machinery in need of guarding should be taking a crash course in Machine Guarding. Section 24 and 25 of the Ontario ‘Industrial’ regulation 851 is the place to start. Section 24 discusses machine guarding in general and section 25 deals with machine pinch points.

I always find in ironic not to see employers reading through the ACT and the appropriate regulations before any work is actually initiated.

Another source of material on safety of any machine is the manufacturer’s manual. The manual would include all possible safety concerns and suggestions that the manufacturer has thought of. This would have been a good place to start. Who knows their machines better than the manufacturer?

By the way, the CSA standards have their history steeped with suggestions from manufacturers. Even that organization needs to have a proper place to begin.

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 ‘Machine Guarding’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

‘Work’ and ‘Play’ safe.

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