Excerpt from the government of Ontario’s ‘Newsroom’
A temporary foreign worker employed by Liiman Employment Inc. was assigned to work at the powder-coating facility owned by West End Mfg. Inc.
The facility has a paint shop with booths for sandblasting, powder-coating and baking metal. In the sandblasting booth, there is an auger system that collects sand particles in a trough in the floor. The troughs have metal grates to prevent access to the augers.
On May 24, 2023, one of the metal bars over the trough containing the centre auger was damaged beyond repair and it was removed, leaving a hazardous gap in the floor.
During their shift, the temporary worker stepped through the gap in the floor, becoming caught in the moving auger and suffering serious injuries.
Because the machine was not guarded to prevent access to the exposed moving part, West End Mfg. Inc. failed, as an employer, to ensure that the measures and procedures prescribed by section 24 of Ontario Regulation 851, were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
Liiman Employment Inc., failed as an employer to provide information, instruction and supervision to a worker with respect to safely working around augers in the sand blasting booth at West End Mfg Inc., contrary to section 25(2)(a) of the Act.
Following a guilty plea in the Ontario Court of Justice, Stratford, West End Mfg. Inc. was fined $55,000 and Liiman Employment Inc. was fined $75,000 by Justice of the Peace Michele Thompson. The Crown Counsel was Judy L. Chan.
The court also imposed 25 per cent victim fine surcharges as required by the Provincial Offences Act. The surcharges are credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
West End Mfg. Inc. was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 24 which states,
“Where a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, the machine or prime mover or transmission equipment shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
This is in direct 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.”
Liiman Employment Inc. was found guilty of section 25, subsection 2(a) of the OHSA which states,
“An employer shall,
- provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
As the reader can see, if the subheading for Machine Guarding is clicked the industrial sector has a strong hold on machine guarding injuries.
Do not be surprised if the Ministry of Labour, Immigration, Training and Skills Development commits to another blitz on this recurring problem. Most of the time, it is a design flaw.
As an employer, please review your processes and see if it is possible for a worker to come into contact with a moving part. If it can happen, then the guarding in place is inadequate.
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.