Report from the government of Ontario’s ‘Newsroom’
A worker, employed by NuStef Baking Ltd., of Vancouver, British Columbia, was injured while adjusting the speed of a batter depositor on an industrial oven. By not ensuring the equipment was properly guarded, NuStef Baking Ltd. failed to ensure that the measures and procedures prescribed by section 25 of Ontario Regulation 851/90 were carried out at the workplace, contrary to sections 25(1)(c) of the Occupational Health and Safety Act.
On March 20, 2023, a worker was adjusting the speed of a batter depositor on an industrial oven while it was in operation. To do this, they reached below the oven to manually turn a knob while the batter depositor was in motion and suffered serious injuries as a result.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that although the method the worker used to change the speed was consistent with both their on-the-job training and the manufacturer’s instructions, the industrial oven was not properly guarded.
Following a guilty plea in the Provincial Offences Court in Mississauga, NuStef Baking Ltd. was fined $55,000 by Justice of the Peace Kevin J. Boothroyd. Crown counsel was Shantanu Roy.
The court also imposed a 25 per cent victim fine surcharge on the defendant, 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:
NuStef Baking Ltd., was found guilty of a contravention of the ‘Industrial Establishments’ sector regulation 851/90, section 25 which states,
“An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point.”
This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Too bad Nustef Baking was not a regular reader of my blog. Blog Post #24 was all about David Ellis, a 17-year-old who worked for a company friend. David was pulled into a dough mixing machine that was not properly guarded and was killed. The owner of the bakery did not feel they were at fault. It was an accident. Too bad for David Ellis and family.
It was published on January 11, 2011 and it would have gone a long way in better protection for their employees.
By the way, David’s father decied to dedicate his life to getting the information out to highschool students a dn let them know they can refuse unsafe work.
If you, the reader, have not reviewed blog post #24, please do now. Learn from accident and ensure this type of accident does not crop up at your workplace.
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.
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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.