Report from the Ontario government’s ‘Newsroom’
A worker, employed by Valley Blades Ltd., Waterloo, Ontario, a company that manufactures blades, cutting edges and other accessories for construction, mining and snow removal equipment, was injured after their clothing became entangled with operating machinery. The company failed, as an employer, to prohibit the worker from wearing loose clothing around a source of entanglement, as required by section 83(2) of Ontario Regulation 851/90, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On October 5, 2023, a worker was operating a multi-drill. When swarf (metal shavings) accumulated on the machine table, the worker reached into the machine to remove the swarf without stopping the machine. The worker was injured when their rubber glove and sleeve got entangled with the swarf and pulled toward the drill.
Following a guilty plea in the Provincial Offences Court in Kitchener, the company was fined $65,000 by Justice of the Peace Michael Cuthbertson; Crown Counsel was Judy 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:
Valley Blades Ltd., was found guilty of a contravention of section 83, subsection 2 which states,
“Jewellery or clothing that is loose or dangling or rings shall not be worn near any rotating shaft, spindle, gear, belt or other source of entanglement.”
This contravention is in direct violation of section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA), which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Where is the supervisor? Was there ever a set of written instructions for the worker/operator to follow? Was he/she even aware of the potential “entanglement” hazard?
All great questions and no answers. The operator was supposed to be trained up to the standard of ‘Competent Person’. As a reminder, I will list the actual definition of ‘Competent Person’ below;
“competent person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace.”
Please ensure your workers are trained to the standard listed above. A little extra time with your workforce would go a long way in their protection.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’.
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!