Excerpt from the government of Ontario’s ‘Newsroom’
A worker was placed at 4-Way Metal through an employment agency called H & H Employment Services. He had been working at 4-Way Metal for a minimal period of time when the incident occurred. 4-Way Metal is a custom metal fabrication company located in Bolton, ON.
On November 13, 2018, the worker was working at an unguarded punch press machine when his hand become trapped under the ram of the punch press and injured.
Section 25 of Ontario Regulation 851/90, the Regulation for Industrial Establishments, requires that an in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker, be equipped with and guarded by a guard or other device that prevents access to the pinch point.
Following a guilty plea, Justice of the Peace Stephen Budaci, sitting in Provincial Offences Court in Caledon fined the company $65,000. Crown Counsel: Indira Stewart.
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:
4-Way Metal Fabricators Ltd. was found guilty of a contravention of the Ontario ‘Industrial’ sector regulation 851/90 section 25 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.”
Failing as employer to ensure measures and procedures prescribed in section 25 of O. Reg. 851/90 were carried out, is contrary to section 25(1)(c) of the Occupational Health and Safety Act which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Machine Guarding is the #1 hazard dealing with the ‘Industrial’ sector in Ontario today. All machinery NEEDS to be properly guarded and 4-Way Fabricators Ltd. needed to understand this and ensure that all machines in their facility are properly guarded.
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.