Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Alugard Ltd., of Mississauga, Ontario was injured while trying to fix a machine used to make aluminum window jambs. The employer failed to ensure that precautions were taken to prevent a machine from starting and endangering a worker while the machine was undergoing maintenance. This contravened section 76 of Ontario Regulation 851/90, contrary to sections 25(1)(c) of the Occupational Health and Safety Act. The employer also obstructed the investigation into the incident, contrary to section 62(1) and failed to comply with an order to submit a written notice of the incident, contrary to section 66(1)(b) of the Act.
A worker was troubleshooting a malfunctioning pro-line door jamb processing centre, used to fabricate aluminum into window jambs. The machine was in automatic mode with its safety disabled and moving parts unblocked.
To fix the problem, the worker leaned into the cutting area of the machine and used compressed air to clear debris. This removed an obstruction from a sensor, triggering the machine to activate. Suddenly, the machine’s carriage started to move, injuring the worker.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that the employer failed to ensure proper lockout and blocking procedures were followed during maintenance.
Additionally, the employer tampered with the machine’s safety device after the incident and failed to comply with ministry orders to submit a written notice of the incident.
Therefore, Alugard Ltd. contravened section 76 of Ontario Regulation 851/90, contrary to sections 25(1)(c), 62(1) and 66(1)(b) of the Occupational Health and Safety Act.
Following a guilty plea in the Provincial Offences Court in Mississauga, Alugard Ltd., was fined $100,000 by Justice of the Peace Veruschka Fisher-Grant. Crown Counsel was Judith Parker.
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:
Alugard Ltd. was found guilty of multiple contraventions of Ontario health and safety laws.
Section 76 of the Ontario ‘Industrial Establishments’ regulation 851/90, section 76 states,
“Where the starting of a machine, transmission machinery, device or thing may endanger the safety of a worker,
(a) control switches or other control mechanisms shall be locked out; and
(b) other effective precautions necessary to prevent any starting shall be taken.”
Alugard Ltd., was also found guilty of a contravention of an obscure section of the Ontario Occupational Health and Safety Act (OHSA), section 62, subsection 1 which states,
“No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act or the regulations or in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.”
The employer failed to comply with an order to submit a written notice of the incident. This is contrary to section 66(1)(b) of the OHSA which states,
“Every person who contravenes or fails to comply with,
(b) an order or requirement of an inspector or a Director,
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.
All of the above are contrary to section 25, subsection 1(c) of the OHSA which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
All Alugard Ltd., needed to do was to ensure Lockout and Tagout procedures were followed. It also wasn’t to their advantage to disturb the scene and possibly coverup or eliminate evidence. Did they not know that the workers involved and present at the accident, among others, would be part of the interview process?
I guess not!
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Lockout and Tagout’.
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.