Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Marvara Farms Ltd. of Drayton, Ontario, an agricultural business that also operates a recycling and reclaiming factory, was critically injured after falling from equipment in the factory into an operating cardboard bale hopper. Marvara Farms Ltd. failed, as an employer, to ensure that the measures and procedures prescribed by section 76 of Ontario Regulation 851/90 at a workplace were enforced, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On the day of the incident workers were on an elevated platform separating recycling products onto various conveyors. Cardboard packaging was getting caught on two pipes that went across one conveyor.
A worker moved from the elevated platform to a sloped chute that led to the cardboard conveyor and attempted to clear the jam using a stick but was unable to. The worker then climbed further up onto the equipment near the end of the conveyer to get better access to clear the blockage and was standing with one foot on a cardboard conveyor gearbox with the other foot on a conveyor pulley guard.
As the worker was freeing the cardboard, the worker slipped and fell into a 70-inch-deep baler hopper while it was running and was critically injured.
A Ministry of Labour, Immigration, Training and Skills Development investigation revealed the cause of the incident was that all hazardous motion was not prevented before attempting to unjam the cardboard above the baler hopper. The cardboard baler was still running. This allowed the compacting ram to move forward while the worker was inside the hopper.
Following a guilty plea in the Provincial Offences Court in Guelph, Marvara Farms Ltd. was fined $175,000 by Justice of the Peace Michael Cuthbertson; Crown Counsel was Daniel Kleiman.
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:
Marvara Farms was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 76, which states,
“Where the starting of a machine, transmission machinery, device or thing may endanger the safety of a worker,
(a) control switches or other control mechanisms shall be locked out; and
(b) other effective precautions necessary to prevent any starting shall be taken.”
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 equipment should have been locked and tagged out, and the equipment must also be blocked.
The company needs to have completed a hazard assessment before the work was to be done. (Best practice) This is the law!
It cost Marvara Farms $175,000 to find this out.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Electrical Safety Awareness’ and ‘Lockout and Tagout’. 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.
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