Blog Post #1561 – Fountain Manufacturer Fined $60,000 After Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

A worker was injured while setting up a milling machine to manufacture fountain nozzles. Crystal Fountains Inc. failed to ensure that the interlocks on the safety doors of the milling machine were maintained in good condition, contrary to section 25(1)(b) of the Occupational Health and Safety Act.

On March 14, 2022, a worker was setting up a CNC milling machine to manufacture fountain nozzles.

The machine should have had interlocks in place to prevent it from operating when its safety doors were open, but the interlocks had been removed.

The worker inserted a drilling jig into the machine’s chuck and a cutting tool into the machine’s cutting head, then entered a code into the machine’s control panel to initiate an automated “warm up” of the cutting head.

However, the worker entered the wrong code, which activated the chuck instead of the cutting head. This caused the chuck to spin and eject the jig, which injured the worker.

Following a guilty plea in Provincial Offences Court in Newmarket, Crystal Fountains Inc. was fined $60,000 by Justice of the Peace Henry Tso. Crown Counsel was Steven Succi.

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:

Crystal Fountains Inc., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(b), which states,

“An employer shall ensure that,

(b)  the equipment, materials and protective devices provided by the employer are maintained in good condition.”

Crystal Fountains Inc., could have been charged under the Ontario ‘Industrial Establishments’ 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.”

Crystal Fountains Inc., could have been charged under the Ontario ‘Industrial Establishments’ section 76 which states,

“Where the starting of a machine, transmission machinery, device or thing may endanger the safety of a worker,

(a) control switches or other control mechanisms shall be locked out; and

(b) other effective precautions necessary to prevent any starting shall be taken.”

In any event, the employer failed to protect their worker which sound like a familiar story.

Remember, if you are an employer, you must do everything reasonable to protect your workforce.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Electrical Safety Awareness’ 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.