Excerpt from the government of Ontario’s ‘Newsroom’
A worker sustained critical injuries while using a saw blade to cut cabinet drawers. BND Woodworking Inc. failed, as an employer, to ensure that equipment, materials and protective devices provided by the employer were maintained in good condition at a workplace, as required by section 25(1)(b) of the Occupational Health and Safety Act.
BND Woodworking Inc. manufactures kitchen and bathroom cabinetry. One of the tools used in their workshop is a general tilting arbor saw. It has protective coverings on both sides of the blade to prevent worker access to the moving blades.
On March 2, 2023, the left saw blade cover was raised and damaged. A portion of the cover had previously broken off. The right saw blade cover was undamaged but raised. The absence of both guards created a dangerous risk.
That morning, a worker was cutting cabinet drawer pieces to proper size using the table saw. After they guided material through the saw blade with one hand, they used the other hand to retrieve it. As they were doing this, their hand was injured by the blade.
A Ministry of Labour, Immigration, Training and Skills Development investigation revealed that the employer had been waiting since June 2022 for replacement parts, but had no documentation that the parts were ever ordered. Additionally, the operation manual for the saw requires blade guards to be in place and in working order.
BND Woodworking Inc. failed to ensure the general tilting arbor saw was maintained in good condition at a workplace, contrary to section 25(1)(b) of the Occupational Health and Safety Act.
Following a guilty plea in the Ontario Court of Justice, Guelph, BND Woodworking Inc. was fined $50,000 by Justice of the Peace Jennifer Thompson. Crown Counsel was Katie Krafchick.
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:
BND Woodworking 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.”
Any home-woodworking enthusiast would ensure that all their protective covers and blades were in good working order. Wouldn’t you?
I guess BND Woodworking Inc., didn’t understand their responsibility and was negligent in their attitude on proper machine guarding.
Section 24 of the Ontario ‘Industrial Establishments’ sector regulation 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.”
Machine guarding accidents are number one in the industrial sector. Every safety professional in the industrial sector would know this.
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.
We can also be reached at info@hrsgroup.com
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.
I wanted to thank you for all the great information you are providing.
Great!