Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Brampton Brick Ltd., of Brampton, Ontario; a manufacturer of clay bricks and concrete blocks, was fatally injured as a result of the company’s failure to ensure adequate machine guarding that prevents access to a pinch point in accordance with section 25 of Ontario Regulation 851. This is an offence pursuant to section 66(1) of the Occupational Health and Safety Act.
On the day of the incident a worker in the Brampton facility was helping to remove cement build-up on equipment. The worker climbed onto a mud conveyor in the plant’s mixer area while carrying a hammer.
The worker was unaware that a skip hoist, a device for lifting materials, was in automatic mode and the hoist bucket itself was overhead. When the hoist automatically engaged, the hoist bucket lowered resulting in a fatal injury.
An investigation by the Ministry of Labor, Immigration, Training and Skills Development found that the mixer area was not quipped with adequate machine guarding.
Following a guilty plea in Provincial Offences Court, Brampton, Brampton Brick Limited was fined $225,000 by Justice of the Peace Pete Karageorgos; Crown Counsel was Alicia Gordon-Fagan.
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:
Brampton Brick Ltd., was found guilty of a contravention of the ‘Industrial Establishment’ 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 direction contravention of the Ontario Occupational Health and Safety Act (OHSA), section 66, subsection 1, which states,
“Subject to subsections (2) and (2.1), every person who contravenes or fails to comply with,
(a) a provision of this Act or the regulations;
(b) an order or requirement of an inspector or a Director; or
(c) an order of the Minister,
is guilty of an offence and on conviction is liable to a fine of not more than $500,000 or to imprisonment for a term of not more than twelve months, or to both.”
It just does not seem to get any better.
I know the MLITSD has attempted to deal with ‘Machine Guarding’ hazards in the ‘Industrial Establishments’ sector. ‘Machine Guarding’ accounts for the majority of the accidents in Ontario ‘Industrial’ sites and has for the past few years.
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.
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.
You are the best!