Blog Post #1641 – Workplace Injury Results in $180,000 Fine for Windsor Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by Saturn Tool & Die (Windsor) Inc. of Oldcastle, Ontario, an automotive parts manufacturer, was fatally injured while troubleshooting a stamping press. Saturn Tool failed to ensure that the motion of any part of the press that could endanger a worker was stopped and blocked during maintenance work, as required by section 75 of Ontario ‘Industrial Establishments’ Regulation 851/90, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

On March 28, 2022, a maintenance worker was called to troubleshoot a quality control problem with an Eagle 2750-ton stamping press.

The worker entered the press through its light curtain, which caused the press to stop operating. The worker did not lock out the machine by putting its ram blocks into place and plugging in the electronic lock out plugs.

Unaware that the maintenance worker was inside, another returned to the press, reset the light curtains and cycled the press, fatally injuring the maintenance worker.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that it was common practice at the time of the incident for workers on the production floor not to use ram blocks for troubleshooting or maintenance work of a short duration.

Following a guilty plea in the Provincial Offences Court in Windsor, Saturn Tool was fined $180,000 by Justice of the Peace Susan E. Whelan; Crown Counsel was Patrick Travers.

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:

Saturn Tool was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 75 which states,

“A part of a machine, transmission machinery, device or thing shall be cleaned, oiled, adjusted, repaired or have maintenance work performed on it only when,

(a)  motion that may endanger a worker has stopped; and

(b)  any part that has been stopped and that may subsequently move and endanger a worker has been blocked to prevent its movement.”

This is in direction contravention of the Ontario Occupational Health and Safety Act (OHSA)m 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, Saturn Tool allowed the workforce not to use blocking mechanisms when providing maintenance to the machines. There were many questions here such as;

  • Where are the written procedures to carry out maintenance?
  • Why was the equipment not locked out?
  • Were the operators and maintenance personal even trained in Lockout and Tagout? and
  • Where was the supervisor in all this?

The supervisor has responsibilities here. Section 27, subsection 1 of the OHSA states,

“A supervisor shall ensure that a worker,

  • works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”

Maybe they need a safety professional to come in and change the safety culture.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Lockout and Tagout’.

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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