Excerpt from the government of Ontario’s ‘Newsroom’
A worker suffered a critical injury from a conveyor belt at the Hunter Street plant. Pepsico Canada ULC failed, as an employer, to ensure the conveyor belt was guarded to prevent access to an in-running nip hazard, as required by the Regulation for Industrial Establishments.
On September 30, 2020, a worker at the company’s Peterborough manufacturing facility was checking moisture and sugar levels in cereal products.
The worker noticed there was no cereal coming out of a conveyor belt that breaks cereal sheets into smaller pieces.
The worker went down to the conveyor line and attempted to push sheets of cereal into the conveyor belt.
The worker suffered a critical injury from an unguarded in-running nip hazard created by the conveyor belt drive roller and the supporting table.
Following a guilty plea in Ontario Provincial Offences Court, Peterborough, Pepsico Canada ULC was fined $80,000 by Justice of the Peace Jason Mariasine; Crown Counsel, Alicia Gordon-Fagan.
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:
Pepsico Canada, ULC was found guilty of a contravention of the Ontario ‘Industrial Establishments’ 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.”
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.”
In today’s world of instant media and transparency, employers must consider multiple hazard assessments in both the daily processes as well as in the designed phase so that machinery ensures compliance with all sector regulations.
Machine Guarding is the #1 hazard in the industrial sector so please review your company’s equipment to see if there is a way to come in contact with a moving part.
HRS Group Inc. has a great team that can help you with all your health and safety needs. 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.