Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Linamar Corporation, carrying on business as Linamar Gear of Guelph, ON, an automotive parts manufacturer, was critically injured as a result of the company’s failure to ensure that the measures and procedures prescribed by section 45(a) of Ontario Regulation 851/90 were carried out at a workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On the day of the incident, an acting supervisor directed a worker to perform a broach stick tool change at the company’s Independence Place facility. A broach stick is a tool used in precision machining to remove material from a workpiece. It typically consists of a long, toothed bar that progressively cuts into the material as it passes through or along it.
The worker used a jib crane equipped with clamping attachments to insert and remove broach sticks from a broaching machine. During this operation, a 460-pound broach stick fell from the crane and struck the worker, resulting in a critical injury.
A subsequent investigation by the Ministry of Labour, Immigration, Training and Skills Development identified several contributing factors. One key issue was that the crane controls were not functioning as designed by the manufacturer. This allowed the crane to lift a broach stick that was only partially engaged — meaning the crane’s clamp attachment was not fully closed — thereby compromising the secure handling of the heavy broach stick.
As a result, the defendant failed to ensure that the broach stick was lifted, carried or moved in a manner that did not endanger the safety of the worker, contrary to their obligations under the Occupational Health and Safety Act.
Following a guilty plea in Provincial Offences Court, Guelph, Linamar Gear was fined $350,000 by Justice of the Peace Michael Cuthbertson; 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:
Linamar Corporation was found guilty of a contravention of the Ontario ‘Industrial Establishment’ sector regulation 851/90, section 45(a) which states,
“Material, articles or things,
- required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker.”
This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,
“An employer shall ensure that,
- the measures and procedures prescribed are carried out in the workplace.”
There are a few good questions here that needed to be asked and answered.
- Why was the crane controls not functioning properly?
- Was the crane even properly serviced each year, and if so, was the control functions checked?
- Was there a set of written instructions to go along operation?
All good questions, and, again, not answers.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Material Handling’.
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.