Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Rubber Technologies Corp. of Toronto, Ontario was critically injured while trying to clear a blockage from a machine. By failing to ensure the motion from a rotary valve was stopped before cleaning, National Rubber Technologies failed to ensure that the measures and procedures as prescribed by section 75 of Ontario Regulation 851/90 were carried out at the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On January 20, 2023, a worker was using a SBR granulator machine to break up pieces of rubber into smaller pieces. When the machine became blocked, the worker, who was working alone, went to the mixer room where the hoppers were located. After noticing what was causing the blockage, the worker decided to unclog the machine.
Counter to their training, the worker did not lock out the machine, turn off the power from the control panel, nor seek expert help. Instead, they climbed on a ladder and used a knife to clear the blockage. In doing so, they suffered critical injuries.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that at the time of the incident, there was no off switch on the machine itself, requiring the worker to go outside the mixing room to access the control panel. Therefore, the employer did not adequately ensure that all motion that could endanger a worker was stopped before cleaning.
National Rubber Technologies ceased operations on December 31, 2024. All employees were permanently laid off.
Following a guilty plea in the Provincial Offences Court in Toronto, National Rubber Technologies Corporation was fined $55,000 by Justice of the Peace Anthony Charles; 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:
Rubber Technologies Corp. 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 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 this company was playing on borrowed time. Their ability to shut down, shortly after the accident, just shows the viable business plan that did not, or could not, support onsite safety.
Too bad for the worker. He/she deserves better!
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.
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.
This is really good!