Blog Post #1652 – Toronto Manufacturing Company Fined $90,000 for Worker Safety Offence

Report from the government of Ontario’s ‘Newsroom’

Siltech Corporation, a chemical manufacturing company, failed, as an employer, to ensure containers were bonded and grounded as required by section 22(4)(b) of Ontario regulation 851/90, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

On September 8, 2021, two workers were transferring flammable liquid from a large container into two smaller metal pails. While they were filling the second pail, an explosion occurred, injuring one of the workers and fatally injuring the other.

Section 22(4)(b) of Ontario regulation 851/90 requires containers and dispensing equipment to be bonded and grounded when flammable liquid is dispensed. This prevents static electricity that could ignite the vapours and cause an explosion.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that the workers had used a plastic hand pump to transfer the liquid. Plastic cannot be bonded or grounded. The investigation found that the metal pails were also not grounded or bonded to the other equipment in the setup.

Though it remains unproven that the cause of the explosion was static electricity, Siltech Corporation still failed, as an employer, to ensure the pails and pump were bonded and grounded as required by as required by section 22(4)(b) of Ontario regulation 851/90, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

Following a trial in the Ontario Court of Justice in Toronto, Siltech Corporation was fined $90,000 by Justice Robert Kelly; Crown Counsel was Graeme Adams.

My opinion

The law(s) in contravention:

Siltech Corporation was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 22, subsection 4(b) which states,

“An area where flammable liquids are dispensed shall have,

(b)  containers and dispensing equipment bonded and grounded when flammable liquid is dispensed.”

This is contrary to section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA), which states,

“An employer shall ensure that,

(c) the measures and procedures prescribed are carried out in the workplace.”

It seems Siltech Corp., did not read the “Competency Standards as laid out in the OHSA, in the definitions section. It states,

“competent person” means a person who,

(a)  is qualified because of knowledge, training and experience to organize the work and its performance,

(b)  is familiar with this Act and the regulations that apply to the work, and

(c)  has knowledge of any potential or actual danger to health or safety in the workplace.”

The employer, also must ensure the workers receive adequate information to do the job safely as laid out in section 25, subsection 2(a) of the OHSA. It states,

“An employer shall,

• provide information, instruction and supervision to a worker to protect the health or safety of the worker.”

In any event, Siltech Corporation failed their employees.

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

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

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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.