Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by the Corporation of the Municipality of Lambton Shores, in Forest, Ontario, was injured while trying to clean a Zamboni ice re-surfacer. The Corporation of the Municipality of Lambton Shores failed to provide information, instruction and supervision to a worker with respect to the safe operation, maintenance and/or cleaning of the ice re-surfacer, contrary to section 25(2)(a) of the Occupational Health and Safety Act.
On November 26, 2021, a worker at The Shores Recreation Centre was operating the Zamboni ice re-surfacer on the ice pad, when its conditioner and auger system became plugged.
The worker drove the ice re-surfacer off the ice pad, emptied the snow tank outside and parked the machine in the ice resurfacing room.
The worker then raised the snow tank, installed the snow tank safety stand bar and turned the machine off. They flushed the auger with water while standing near the machine. As the worker pulled the hose out, they reached in with their hand to check if the auger was free from snow. The auger moved, and the worker sustained an injury.
There was no procedure in place for flushing the auger of the ice res-urfacer, or for its operation, maintenance and/or cleaning.
The Corporation of the Municipality of Lambton Shores, as an employer, failed to provide information, instruction and supervision to a worker with respect to the safe operation, maintenance and/or cleaning of the Zamboni ice re-surfacer, contrary to the Act.
Following a guilty plea in the provincial offences court in Sarnia, Corporation of the Municipality of Lambton Shores was fined $50,000 by Justice of the Peace Susan E. Whelan. Crown Counsel was Judy L. 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:
The Corporation of the Municipality of Lambton Shores 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.”
The employee must be given all the information necessary to do his/her work safely.
Please ensure your company has the most current information available. The information may come from the manufacturer, the appropriate CSA, or possible best practice or governmental guidelines and laid out by the Ministry.
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.
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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.
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