Excerpt from the government of Ontario’s ‘Newsroom’
Fiera Foods Company, A Toronto commercial bakery, was fined $300,000 after an incident where a worker was killed.
On September 2, 2016, a worker employed by a temporary help agency was working at the Fiera Foods Company plant located at 50 Marmora Street in Toronto. The worker wore a hijab which was loose at the ends. The hijab became entangled under a guard covering the chain drive of a conveyor, causing fatal injuries to the worker. An emergency stop button was not accessible from the location of the entanglement.
A Ministry of Labour investigation determined that Fiera Foods Company had failed to ensure that a worker near a source of entanglement secured all loose clothing, as required by section 83(2) of the ‘Industrial’ regulation. This was in violation of section 25 (1)(c) of the Occupational Health and Safety Act.
Fiera Foods Company pleaded guilty and was fined $300,000. The sentence was imposed by Justice of the Peace Rhonda Roffey. 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:
Fiera Foods Company was found guilty of a contravention of the Ontario ‘Industrial’ sector regulation 851/90, section 83, subsection 2 which states,
“Jewelry or clothing that is loose or dangling or rings shall not be worn near any rotating shaft, spindle, gear, belt or other source of entanglement.”
Fiera Foods Company 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 has many sections such as 24 and 25 of the ‘Industrial’ regulation 851/90 but it is always explained that the worker needs to ensure that all jewelry and clothing be tucked in to prevent entanglement.
I guess Fiera Foods Company didn’t get the memo.
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’ 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.