Blog Post #1670 – Workplace Injury Leads to $50,000 Fine for Hearst-based Company

Report from the government of Ontario’s ‘Newsroom’

A worker, employed by C. Villeneuve Construction Co. Ltd., of Hearst, Ontario; a construction contractor. was critically injured as a result of the company’s failure to ensure adequate machine guarding contrary to section 196(3.1) of Regulation 854, Mines and Mining Plants. This is an offence pursuant to section 66(1) of the Occupational Health and Safety Act.

The accident occurred at the company’s Driftwood Quarry, Driftwood, Ontario.

On the day of the incident, a worker was cleaning up near the folding catwalk platform on the side of a screen box/shaker at the quarry. The screen box was locked-out and de-energized, but the feed conveyor that fed the screen box was not. While trying to step over the moving conveyor, the worker suffered a critical injury.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the feed conveyor was not adequately guarded as workers had access to the drive pulley of the conveyor while on the catwalk.

Following a guilty plea in Provincial Offences Court, Cochrane, C. Villeneuve Construction Co. Ltd. was fined $50,000 by Justice of the Peace Estelle Thérese Bérubé; 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:

3. Villeneuve Construction was found guilty of a contravention of the Ontario Mining and Mining Plants sector regulation 854/90, section 196, subsection 3.1 which states,

3.1) “Subject to subsection (3.2), the pinch points referred to in subsection (3) shall be guarded by a guard that, unless it would render the pinch point inaccessible, extends at least 0.9 metres from the pinch point.”

This is an offense to section 66.1 of the Ontario Occupational Health and Safety Act (OHSA), which states,

(1) “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.”

You do not see many accidents involving Machine Guarding in the mining sector. The Machine Guarding accidents usually occur in the ‘Industrial Establishments’ sector instead.

Just remember, if a worker can come into contact with ANY moving part of a machine, then the machine is not adequately guarded. PERIOD!

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

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.