Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Larkin Storage and Retail Equipment Inc. of Alexandria, Ontario, a company that manufactures warehouse racking and retail fixtures, was injured while operating a punch press. The company failed, as an employer, to ensure that the machine was equipped with a guard that prevented access to an exposed moving part, contrary to section 25(1)(c) of the Occupational Health and Safety Act and section 24 of Ontario Regulation 851/90.
A worker was operating a punch press by manually guiding a piece of material through it, when the punch descended, injuring the worker. In its incident report to the ministry, the company acknowledged a lack of training and inadequate guarding as causes of the injury.
Following a guilty plea in the Ontario Provincial Offences Court in Cornwall, the company was fined $65,000 by Justice of the Peace Stephen Dibblee; 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:
Larkin Storage was found guilty of a contravention of the ‘Industrial Establishments’, section 24 which states,
“Where a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, the machine or prime mover or transmission equipment shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
This is in contravention of 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.”
It seems the ‘Industrial’ world of Ontario, has still not received the message.
As I have been saying all along that Machine Guarding is, by far, the #1 workplace hazard. It seems that engineering of the workplace machines has been lacking and guarding missing or inadequate.
I do not know what other way to get the message out but this blog is full of machine guarding accidents.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Machine Guarding’.
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.