Blog Post #1419 – Workplace Injury Results in $75,000 Fine for an Alberta-based Belleville Employer

Excerpt from the government of Ontario’s ‘Newsroom’

Three workers were operating a mixer that makes sausages. As they were emptying the contents into two-wheeled bins at the outfeed to clean the mixer, one worker reached into the discharge hole, seriously injuring themselves. The accident occurred at the JBS Ontario Foods Inc. plant on Jamieson Bone Rd. Belleville, Ontario. JBS Ontario Foods Inc. is based in Calgary, Alberta.

On December 30, 2020, three workers were operating a sausage mixer at JBS Foods’ Belleville plant.

To prepare it for cleaning, they were transferring its contents into two-wheel bins located at the outfeed of the mixer. One worker turned on the two-hand control without realizing that another worker was reaching inside the discharge hole, seriously injuring them.

Following a guilty plea in the Ontario Court of Justice, Belleville POA Court, JBS Food Ontario Inc. was fined $75,000 by Justice of the Peace Anne M. Colterman; Crown Counsel, Dan Phelan.

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:

JBS Food Ontario Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishment’ sector 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 is contrary to section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“An employer shall ensure that,

(c)  the measures and procedures prescribed are carried out in the workplace.”

Where was the supervisor in all this? Was this person trained in hazard recognition? Was the equipment engineered in Ontario with “Machine Guarding” made a priority?

All great questions, but as we see in most Alberta-based companies, no safety answers. If they had hired an Ontario safety professional, chances are they would have made it known that the #1 hazard, at the present time in Ontario’s Industrial sector is “Machine Guarding”.

Some things never change.

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.

We can also be reached at www.hrsgroup.com.

Ensure your workplace is a safe place.

Remember – In Canada, “All accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level

CEO and Training Director

 

 

 

 

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