Report from the government of Ontario’s ‘Newsroom’
A worker, employed by National Steel Car Limited of Hamilton, Ontario, a railcar manufacturing company, was critically injured operating machinery that was not equipped with a guard or other device that prevents access to a pinch point, a violation of section 25 of Ontario Regulation 851/90 (Regulation for Industrial Establishments), contrary to section 25(1)(c) of the Occupational Health and Safety Act.
National Steel Car manufactures railroad freight and tank cars and employed approximately 1,750 workers at the time of the offence.
The incident occurred on a production line at the Bulkheads First Position, where workers weld C-shaped metal pieces onto flat sheets to create railcar bulkheads. The C-shaped pieces were held in place by hydraulic clamps on restraining fixtures. When released, the clamps retracted under the machine frame, creating an unguarded pinch point.
On the day of the incident, a worker was helping reposition a metal piece. During this process, the clamp was activated and retracted, causing a critical injury.
A Ministry of Labour, Immigration, Training and Skills Development investigation found no guard, control or safety procedure in place to prevent access to the pinch point.
Following a guilty plea in Provincial Offences Court, Hamilton, National Steel Car Limited was fined $90,000 by Justice of the Peace Fabiano Franca de Machado Mendes; Crown Counsel was Dan Phelan.
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:
National Steel Car Ltd., was found guilty of a contravention of the Ontario ‘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 mis 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.”
Due Diligence!
Questions needed to be asked and answered:
- Where was the employer here recognizing the potential for a critical injury?
- Where the supervisor here?
- Was the health and safety committee even aware of the potential hazard?
- Was the JHSC even active? And
- Was a JHA even completed?
All good questions but, as always, no direct answers.
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.
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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.