Blog Post #1628 – Workplace Injury Results in $79,500 Fine for Woodbridge Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by Saputo Dairy Products Canada GP of Woodbridge, Ontario, a company that manufactures dairy products, was critically injured while attempting to clean waste cheese particles out of a groove in a conveyor drive roller. By not ensuring the conveyor was equipped with a guard, Saputo failed 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.

On June 4, 2023, a worker was cleaning and sanitizing the equipment used to process and package various cheese products.

The fixed-in-place guards, designed to prevent worker access to in-running nip hazards, were removed from a conveyor to allow the worker access to all parts of the machine for cleaning.

While attempting to clean waste cheese particles that were stuck in the groove of a conveyor drive roller, the worker was critically injured. The conveyor had been running while the worker was cleaning it.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that worker would not have been injured had the conveyor been equipped with a guard to protect the worker from accessing the in-running nip hazard.

Following a guilty plea in the Provincial Offences Court in Woodstock, Saputo was fined $79,500 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:

Saputo Dairy Products of Woodbridge, Ontario was found guilty of 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 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.”

As the reader can see, the ‘Industrial’ sector has a real problem with ‘Machine Guarding’ accidents. It is their #1 concern and has been for quite a while. More stress and emphasis on Machine Guarding would go a long way in cutting workplace accidents in the Industrial sector. it would not hurt the other sectors as well,

If interested in more information, please check sub-heading ‘Machine Guarding’ and the numbers will shock you.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Machine Guarding’.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

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.

 

 

 

 

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