Excerpt from the government of Ontario’s ‘Newsroom’
The recycling company that operates glass recycling facilities for Ontario’s municipal blue-box collection, deposit return program and the Beer Store pleaded guilty and has been fined $65,000 after a worker suffered a permanent injury caused by running machinery.
NexCycle Industries Ltd. is a corporation with a workplace located at 325 Orenda Road in Brampton. At this industrial establishment, workers recycle beer bottles and beer cans. The company also uses beer cases to create bales of cardboard for recycling.
On November 3, 2015, a worker was attempting to clear a cardboard jam in a cardboard baler. A baler is a machine used to compress and bundle (or bale) recyclable materials such as cardboard, paper, plastics and metal. The materials are made into dense and consistently shaped bales for easy storage and transport.
Before attempting to clear the jam, the worker did not lock out the machine. The worker put one hand into the machine. The pinch point was not physically guarded, and the worker’s wrist became caught behind the ram of the machine, causing a permanent injury.
The operator side of the baler was not properly guarded, which allowed access to the moving ram. This was also an offence under the Occupational Health and Safety Act.
Justice of the Peace Darlene Florence imposed a fine of $65,000 in Brampton court on July 11, 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.
My opinion
The law(s) in contravention:
NexCycle Industries Ltd. 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.”
NexCycle Industries Ltd. was also found guilty of a contravention of the Ontario Occupational Health and Safety Act (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.”
Machine Guarding is a large part of any sector regulation and the need for proper guarding is just as important as Lockout and Tagout and many other safety issues. The need to have machine guarding engineered into machinery is just as important. The employer needs to ensure that there are policies and procedure as well as training to ensure that all employers have their workers fully protected.
HRS Group Inc. has a course for you company and can deliver it anytime. Contact Deborah at (705) 749-1259 to book an appointment. Our staff stands ready to assist your organization on any occupational health and safety issues.
Ensure your workplace is a safe place.
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’, ‘Lockout and Tagout’, ‘Machine Guarding’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.