Blog Post #1193 – Waynco Limited Fined $110,000 After Worker Killed

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by Waynco Ltd., was fatally injured, on December 08, 2017, after being struck and pinned by rock crushing equipment.

On December 8, 2017, a worker was using a Pioneer crusher to break down pieces of aggregate while another worker operated a loader.

The crusher received aggregate from the loader in a large steel frame called a grizzly deck.

Occasionally, aggregate material has to be removed manually from the grizzly deck to prevent the machine from jamming. As the loader approached the grizzly deck, the worker operating the loader saw that it was not closed, preventing access by the loader.

Upon investigating the delay, the loader operator found the body of the crusher operator under the grizzly deck. A Ministry of Labour investigation determined that the crusher had an unguarded pinch point.

The investigation also found that the lowering lever for the grizzly deck was not functioning properly and would stick in the lowered position. A prop bar, used to hold the grizzly deck up during cleaning operations, was not in place and the machine had not been de-energized.

Waynco Limited failed as an employer to ensure that before any work was done on a machine that it was stopped, all hydraulic, pneumatic or gravity stored energy was dissipated or contained, and that energy isolating devices were engaged, locked and tagged. This was contrary to section 185(7) of Ontario Regulation 854/90.

Following guilty pleas, Justice of the Peace Charles Anderson fined Waynco Limited $110,000 in Cambridge provincial court. Crown Counsel: David McCaskill.

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:

Waynco Ltd. was found guilty of a contravention of the Ontario Mining and Mining Plants regulation 854/90, section 185, subsection 7 which states,

“If any work is being done on a machine,

(a) the moving parts shall be stopped;

(b) any hydraulic, pneumatic or gravity stored energy shall be dissipated or contained;

(c) energy isolating devices shall be installed if the machine is not already equipped with them; and

(d) all energy isolating devices shall be properly engaged, locked and tagged.”

How much simpler can it get? Lockout and Tagout includes the dissipation of primary AND secondary energies prior to any work being done.

Tough to lose an employee, especially since the employee could have easily been protected with proper LOTO protocols in place.

A very needless death!

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Lockout and Tagout’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259 We can also be reached at 

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.





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