Blog Post #386 – ThyssenKrupp and Supervisor Fined $171,000 Total after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

ThyssenKrupp Industrial Services Canada Inc., carrying on business as ThyssenKrupp Hearn Division, a provider of warehousing, packaging and transportation services, was fined $160,000 for a violation of the Occupational Health and Safety Act after a worker was injured. Don Hearn Jr., a supervisor, was fined $11,000 in relation to the same incident.

On February 25, 2009, a worker was doing electrical upgrades at the company’s warehouse on Sprucewood Ave. in Windsor. As the worker was removing conductors from an electrical panel, a bare conductor touched the side of the electrical panel, causing an arc flash. The worker sustained serious electrical burns.

A Ministry of Labour investigation found that the electrical panel was not disconnected from the power source, locked out or tagged before the work started.

ThyssenKrupp Industrial Services Canada Inc., carrying on business as ThyssenKrupp Hearn Division, was found guilty of failing to ensure that the electrical panel was disconnected, locked out and tagged prior to work being done on it. Don Hearn Jr. was found guilty of the same.

The fines were imposed by Justice of the Peace Robert Gay. In addition to the fines, 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:

ThyssenKrupp Industrial Services Canada Inc. was found guilty of a contravention of section 190, subsection 4, of the Ontario ‘Construction’ regulation 213/91 which states,

“The power supply to the electrical equipment, installation or conductor shall be disconnected, locked out of service and tagged before the work begins, and kept disconnected, locked out of service and tagged while the work continues.”

Here we have another company not understanding the safety components of a safety program. The entire job should have included a set of safe work instructions and followed to the letter. This can be enforced by the supervisor and/or the manager. Either way, all members of a work crew need to understand the proper safe work procedures prior to any work that is to begin.

Simple, isn’t it?

By the way, this is not their first brush with the Ministry of Labour (MOL).

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 ‘Electrical Safety Awareness’ and ‘Lockout and Tagout’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.