Blog Post #1620 – Workplace Fatality Results in $125,000 Fine for Bradford Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker was fatally injured while lubricating the Potato Line. By not ensuring the line’s uptake conveyor was equipped with a guard, Gwillimdale Farms Ltd. failed, as an employer, to ensure the measures and procedures prescribed by section 25 of the Regulation for Industrial Establishments were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

During the week prior to August 30, 2022, workers were preparing the Potato Line, a custom-designed system of hoppers, conveyors, cleaners and packaging equipment, for start-up. This included lubricating the line, which is done with the machinery running.

On August 30, 2022, after the lead millwright went home, a trainee who was assigned other duties began lubricating the Potato Line alone and suffered fatal injuries.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that the line’s uptake conveyor was not equipped with a guard to prevent access to the pinch point.

Since the incident, the company has taken a number of steps to enhance its guarding strategy, including additional guarding, third-party guarding assessments and a comprehensive review of the training provided to workers and supervisors.

Following a guilty plea in the Provincial Offences Court in Barrie, Gwillimdale Farms Ltd. was fined $125,000 by Justice of the Peace Richard R. Therrien; Crown Counsel was Joe Ferraro.

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:

Gwillimdale Farms Ltd., was found guilty in 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 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.”

The reader MUST be aware that “Machine Guarding” is the #1 hazard associated with the ‘Industrial’ sector. It is to bad that most industrial businesses build assembly lines and machinery with inadequate machine guarding.

Our company, HRS Group Inc., has been requested to audit “Walking and Working Surfaces” with attention to any other suspected hazards found by our team. It was noticed that machine guarding design did not live up to current legislation.

Section 24 of reg. 851/90, 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.”

Please ensure that your machinery is designed with adequate guarding.

I would also suggest that the JHSC, if any, get involved at least once a year and review the current machinery.

By the way, HRS Group Inc., was completing training at a company, many years ago, and found a machine guard for a pressure line valve not reattached after valve replacement. It would take very effort for this to turn into a tragedy! It was replaced AND the incident was used as a safety talk in future in-house safety meetings.

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.

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.