Excerpt from the government of Ontario’s ‘Newsroom’
A worker was injured while operating a saw on an aluminum extrusion press. Can Art Aluminum Extrusion Canada Inc. failed to ensure the measures and procedures prescribed under section 24 of the Regulation for Industrial Establishments were carried out at the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
The company uses an extrusion press to cast products out of aluminum alloy. The process involves forcing aluminum material through a die and then cutting the moulded aluminium with a saw. The press has a mechanical steel plate, called a gauge head, that automatically rotates to clamp down on the extrusions at a pre-determined point to ensure the material is cut by the saw at the right length.
On August 20, 2022, a worker was operating the saw to cut aluminum extrusions to the required lengths. On the post-cut side of the saw, some of the rollers on the conveyor belt were not working. To move the extrusions along, the worker pushed the extrusions down the conveyor and got injured by the gauge head.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development revealed the saw had no guard to prevent access to the pinch point caused by the rotating-gauge head.
Following the incident, the employer voluntarily enhanced its health and safety systems and implement additional accident prevention initiatives.
Following a guilty plea in the Ontario Court of Justice, Windsor, Can Art Aluminum Extrusion Canada Inc. was fined $55,000 by Justice of the Peace Susan Hoffman.
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:
Can Art Aluminum Extrusion Canada 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 contrary to 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.”
The Ministry could also have used section 25 of reg. 851/90, 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.”
The regular reader of this blog would already know that Machine Guarding is the number one hazard in the industrial sector. NUMBER 1! Too bad Can Art Aluminum Extrusion Canada Inc. was not aware of this fact.
It is usually a poor design or poor maintenance that causes the machine guard to be loose, removed or never there in the first place. It would be to their benefit to hire a health and safety professional. If they have one already during this accident then he/she needs to be given more responsibility or needs to go back to school to learn about the OHSA and any other appropriate regulation.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’.
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.