Blog Post #1481 – Countertop Manufacturer Fined $50,000 After Worker Seriously Injured in London

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by Hyundai L and C Canada Inc., operating as HanStone Canada, Moncton, New Brunswick, was injured after falling from a crumbler machine. The worker had just finished cleaning the front of the crumbler when the incident occurred. The worker was working on an unguarded rail on the machine, and was returning to a platform, when the incident occurred. The worker was unaware the machine should only be cleaned from the platform, which was protected by a guardrail. The employer failed to provide information, instruction, and supervision to the worker on the safe cleaning of the crumbler machine.

On January 12, 2022, workers were assigned to clean a “crumbler” (a machine that crushes stone material into smaller pieces) at HanStone Canada’s facility in London. The crumbler needed to be cleaned each time there was a changeover in quartz products due to colour changes in the stone.

The crumbler was rolled out of an enclosed area into a cleaning area adjacent to a production line. It was moved along metal rails, between two tall platforms, to the end of the rails. The end was two feet beyond the platforms.

The platforms had guard rails on the open sides. There was an eight-inch gap between the end of the guardrail and the machine. The platforms were accessed by fixed ladders at each end.

One of the workers left the right-side platform via the gap and walked out onto the unguarded rail, balancing to clean the front of the machine. The worker used an air tool connected to an air hose to do the cleaning.

When done, the worker turned to get back onto the platform and descend the ladder. The air hose became tangled between the worker’s legs, causing the worker to fall about 4.8 feet to the floor below and be injured.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development found there was no written job instruction, training, policy or procedure for the task of cleaning the crumbler.

The worker, newly hired, was trained by two co-workers, who themselves were not given any specific training on the task. One of the co-workers showed the injured worker how to clean the front of the machine from the rail. The injured worker saw the co-worker cleaning it that way too.

The injured worker’s supervisor advised the ministry that the front of the machine should be cleaned before the machine is rolled all the way out so it could be reached from the platform. However, neither the injured worker, nor the co-workers who trained the injured worker, were aware of that step. The workers were left to work out the task’s details themselves.

Following a guilty plea in the Ontario Court of Justice in London, HanStone Canada was fined $50,000 by Justice of the Peace Kristine Marie Diaz. Crown Counsel was Judy Chan.

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:

Hanstone was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 25, subsection 2(a) which states,

“An employer shall,

• provide information, instruction, and supervision to a worker to protect the health or safety of the worker.”

Very simple, isn’t it? The worker MUST receive all the information necessary to do the job.

There it is in black and white.

I would wager Hanstone has never looked inside the Greenbook before.

HRS Group Inc. has a great team that can help you with all your health and safety needs including “Due Diligence”.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

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.