Excerpt from the government of Ontario’s ‘Newsroom’
A worker suffered injuries while working on a bread conveyor that was not equipped with the required guarding. Breadsource Corporation failed as an employer to ensure that measures and procedures prescribed by section 25 of Ontario Reg. 851, Industrial Establishments were carried out at a workplace contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On the day of the incident, a temporary help agency worker contracted to work at the Company was assigned to a bread conveyor belt.
The conveyor had rotating rollers and gears that were not equipped with guarding or other devices to prevent access to its pinch points.
While adjusting bread on the conveyor, the worker suffered injuries.
After the incident, the Company installed additional guarding on the conveyor to prevent access to pinch points.
Following a guilty plea in Provincial Offences Court, Old City Hall, Toronto, Breadsource Corporation (the Company) was fined $57,000 by Justice of the Peace Grace Lin; Crown Counsel, Daniel Kleiman.
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:
Breadsource Corporation 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 in contravention of 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.”
It seems to be that ‘Machine Guarding’ became the #1 problem in the ‘Industrial’ sector and it has been for quite a while. Sections 24 and 25 have been used far too often. Hopefully, design engineering will include legislation requirements BEFORE anyone is hurt or killed.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Machine Guarding’. 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.