Excerpt from the Government of Ontario’s ‘Newsroom’
Electro-Pack Inc., a Toronto manufacturer of packaging, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On December 5, 2009, a worker was using a machine that forms plastic using heat and a press. The worker noticed a jam in the machine and reached in to remove it. The machine cycled while the worker’s hand was still inside. The worker’s hand was seriously injured.
A Ministry of Labour investigation found that the machine was inadequately guarded.
Electro-Pack Inc. pleaded guilty to failing to ensure that the machine was equipped with a guard or other device to prevent access to the moving part.
The fine was imposed by Justice of the Peace Lynette Stethem. In addition to the fine, the court 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:
Electro-Pack inc. was found guilty of violating section 24 of the Ontario ‘Industrial’ regulation 851 which states,
“Where a machine has an exposed moving part that may endanger the safety of any worker the machine shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
Any time a worker has the chance to come in contact with a moving part of a machine it MUST be guarded adequately to protect the worker. The law is specific on this point and is not ambiguous in any way.
Please, if your company has any machine with inadequate guarding, take the time and energy to hire an engineer, if the need arises, or any other qualified person to cover your company’s regulatory requirements.
Remember – In Ontario, “ALL Accidents are Preventable”
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.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.
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