Excerpt from the government of Ontario’s ‘Newsroom’
On December 30, 2020, three workers were operating a sausage mixer at JBS Foods’ Belleville plant. The 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. JBS Foods Ontario Inc. failed to ensure the machine had a guard or other device to prevent access to the pinch points as prescribed.
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.
The law(s) in contravention:
JBS Food Ontario Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ 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 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.”
As stated before, on numerous occasions, the “Industrial” sector has quite a problem with Machine Guarding.
Too bad, JBS Food Ontario Inc. did not read the memo. Any time a worker can come in contact with a moving part of a machine, it must be guarded by a guard to prevent it!
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
CEO & Senior Trainer
HRS Group Inc.