Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by FGF Brands Inc. suffered critical injuries after being caught in a dough machine at their Locke Street, Concord, Ontario facility.
On May 24, 2018, a young worker was operating a die cut machine, part of the production line that processes dough for naan bread. While operating the machine, the worker noticed that the dough on the conveyor was getting stuck and reached into the machine to adjust the dough, then received a crushing injury caused by a moving part of the machine.
Section 24 of Ontario Regulation 851 (the Regulation for Industrial Establishments) requires a machine to be equipped with a guard or other device to prevent access to moving parts of the machine that may endanger the safety of a worker.
The die cut machine was not equipped with a device that prevented the worker from accessing the moving parts described above. Thus, the defendant failed to ensure that the measures and procedures prescribed by section 24 of the regulation were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
The company has a previous conviction under the same legislation dating from 2017. It was fined $70,000 by the court after a worker was trapped and injured by a dough machine at the same workplace.
New and young workers in Ontario are four times more likely to be injured than other workers, particularly during the first month of employment.
Following a guilty plea, FGF Brands Inc. was fined $75,000 in provincial court in Newmarket by Justice of the Peace Asad Malik. Crown Counsel Evan Schiller.
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:
FGF Brands Inc. was found, again, in contravention of the Ontario ‘Industrial’ 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.”
This was contrary to 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.”
My major concern here was that the original fine was not much less than the one issued for the second accident. Not much of a deterrent if you ask me.
By the way, Machine Guarding seems to be the #1 concern in the ‘Industrial’ sector and has been for quite a while. I hope when COVID-19 is finally gone, the MOL begins to continue with the BLITZ program to help aid in the reduction in the number of Machine Guarding accidents. The MOL needs to focus on that sector! Mind you, they completed Blitzes for this last year before COVID.
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.
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.