Blog Post #1536 – Workplace Injury Results in $170,000 Fine for Mississauga-based Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker was critically injured while conducting maintenance and repair on two industrial fans at the Brantford facility. Maple Leaf Foods, Inc. failed as an employer to ensure applicable requirements under the Occupational Health and Safety Act (OHSA) and Ontario Regulation 851/90 were followed.

At the time of the incident an apprentice millwright employed by a third-party company was conducting maintenance and repair work at the Brantford facility.

The worker was sent to investigate the malfunction of two process fans located inside a freezer. Upon inspection of the fans, the worker observed there were openings in the guard over one fan, which was made from metal “tines” or “bars.”

The worker reached through one of the openings of the fan guard to attempt to turn the fan blades and free any possible obstruction. Unfortunately, the fans were operating at full speed, and thus caused a critical injury.

Following the incident, the worker was interviewed by a Ministry of Labour, Immigration, Training and Skills Development inspector. The worker demonstrated a lack of knowledge on how to properly lock out the fans to ensure they were not operational.

It was later discovered that a secondary electrical panel needed to be locked out or switched off to isolate the electrical supply to the fan involved, but the panel was broken at the time. This made it impossible to lock out the fan even if the worker knew how to lock it out properly.

The Company therefore failed to ensure the machine was repaired only when the motion that may endanger a worker was stopped and/or blocked, as outlined by Section 75 of Ontario Regulation 851 and contrary to Section 25(1)(c) of the OHSA.

Following a guilty plea in Provincial Offences Court, Brantford, Maple Leaf Foods, Inc. (the Company) was fined $170,000 by Justice of the Peace Robert Munro; Crown Counsel, Katie Krafchick.

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:

Maple Leaf Foods, Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 75 which states,

“A part of a machine, transmission machinery, device or thing shall be cleaned, oiled, adjusted, repaired or have maintenance work performed on it only when,

(a) motion that may endanger a worker has stopped; and

(b) any part that has been stopped and that may subsequently move and endanger a worker has been blocked to prevent its movement.”

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.”

Why was the apprentice not trained in Lockout and Tagout? Why was the apprentice not aware of secondary power sources?

Either way, the employer must take responsibility for identifying, assessing and controlling hazards in the workplace. That is the law!

I would advise that employers have a safety professional on staff.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Lockout and Tagout.

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.