Report from the government of Ontario’s ‘Newsroom’
Two workers, employed by Metex Heat Treating Ltd., a company that does heat treatment on metal parts and fasteners, were seriously injured in a flash fire while re-starting a furnace. The company failed, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
On January 5, 2023, two workers were re-starting a furnace that had been shut down for several weeks.
The furnace used a gas combination, including hydrogen for combustion and a petroleum-based oil quench tank, both of which posed flammable risks. The established procedure required purging the furnace with nitrogen before igniting the pilot light. One worker completed the purge but delayed ignition, which allowed residual flammable vapours to collect in the furnace. When the pilot light was lit, a flash fire occurred, injuring both workers.
One worker had been provided with flame-resistant coveralls. The other had not been provided coveralls and was wearing clothing that was not suitable for protection against flash fires.
Metex did not provide adequate protective clothing to all workers engaged in furnace operations or working near a furnace, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
Following a guilty plea in the Ontario Court of Justice in Brampton, the company was fined $144,000 by Justice of the Peace Dan D’Ignazio; Crown Counsel was Wes Wilson.
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:
Metex was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
(h) Take every precaution reasonable in the circumstances for the protection of the worker.”
Many questions should have been asked answered such as;
- Where was the supervisor here?
- Was the supervisor even aware of the potential hazards?
- Were the workers given confined space training?
The company should have been better aware of the potential for serious accidents when dealing with the business they were in.
I would wager that the company had been lucky up to now.
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.