Excerpt from the government of Ontario’s ‘Newsroom’
A worker was injured while attempting to clear a jam on a production line. Alcot Plastics Ltd. and Martin Alac failed to ensure that a machine was guarded to prevent access to a pinch point.
On March 17, 2022, workers at the company’s production facility were stationed at a production line making pool noodles.
A cutter machine at the end of the line was used to cut the pool noodles to the right length before workers packed them into boxes. The noodles frequently became jammed in the cutter and needed to be removed.
The procedure to remove jams usually involved Martin Alac, as the supervisor, entering the area between the cutter machine and the previous machine to cut the noodle and remove the jammed product from the cutter. This was done while the machines were still running.
When the machine jammed, a different worker entered the area between the machines and lifted a hinged cover that was over the entrance to the cutter. The cutter was equipped with a device intended to stop the machine if the cover was lifted; however, it was not operational.
After lifting the cover, the worker reached into the still energized and running cutter machine and was injured.
Following a guilty plea in Provincial Offences Court in Guelph, Alcot Plastics Ltd. was fined $65,000 and Martin Alac was fined $3,000 by Justice of the Peace Gloria A. Kovach. Crown Counsel was Tyler Fram.
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:
Alcot Plastics Ltd., 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.”
Martin Alac, the supervisor, was found guilty of a contravention of the OHSA, section 27, subsection 1(a) which states,
“A supervisor shall ensure that a worker,
- works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”
As the reader can see, the supervisor is a 1st line of defense when it comes to workplace safety. I guess Martin Alac didn’t get the memo.
The number one priority of any supervisor is the health and safety of their workers.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Machine Guarding’.
The safe operating procedures would have guaranteed regular inspection of all the gates and equipment.
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.
Thanks!