Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Genaire Ltd. of Niagara-on-the-lake, was injured while attempting to reopen a container of hazardous paint that had been improperly stored. The company failed, as an employer, to ensure that the measures and procedures prescribed by section 7(1)(c) of Ontario Regulation 860 were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
A worker, who normally assisted with production duties, was asked to assume painting duties. The worker requested training for the new role, which involved handling hazardous products, but no training was provided.
On July 14, 2023, the worker began painting using a hazardous paint mixture provided by a colleague. The worker was unaware of the safety requirements for its use and storage. At the end of the workday, the worker placed the lid back on the container and left it in the paint booth intending to reuse the mixture when the job resumed.
On July 17, 2023, while attempting to reopen the sealed container, pressure that had built up inside caused the lid to fly off towards the worker. They were seriously injured as a result.
Ontario Regulation 860 requires that such mixtures be used within four hours and any leftover must be disposed of safely. The worker was unaware of this requirement due to lack of training.
Following a guilty plea in the Ontario Provincial Offences Court in Welland, the company was fined $60,000 by Justice of the Peace Kevin L. Hicks. The Crown Counsel was Shantanu Roy.
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:
Genaire Ltd. was found guilty of a contravention of the Ontario Workplace Materials Safety Information System (WHMIS), section 7, subsection 1(c) which states,
“An employer shall ensure that every worker who works with or who may be exposed in the course of his or her work to a hazardous product is instructed in,
(c) procedures for the safe use, storage, handling and disposal of a hazardous product.”
This is in direction 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.”
This is my first report concerning the provincial WHMIS legislation so I was a little surprised by its use.
The Safety Data Sheets (SDS’s) are there for a purpose and the workers would have been properly protected by their employer.
Safety is not just a one day a week or month but a mandatory 24/7 program. This program is there to change the culture and to have all employees ‘Competent’ to do his/her job.
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.
We can also be reached at
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.