Blog Post #401 – Scotlynn Investments Inc. Fined $50,000 after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

Scotlynn Investments Inc., the Norfolk County operator of Scotlynn Farms, a ginseng farm and processing plant, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On October 17, 2009, at the company’s workplace in the hamlet of Vittoria, a seasonal worker was cleaning out a machine used to wash and tumble ginseng. The worker’s arm was pulled into the machine’s exposed chain and pulley system and was seriously injured.

Scotlynn Investments Inc. pleaded guilty to failing to take the reasonable precaution of providing a guard or other device to prevent workers from accessing the moving parts of the ginseng tumbler and conveyor system.

The fine was imposed by Justice of the Peace Paul Welsh. 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:

Scotlynn Investments Inc. was found guilty of a contravention of  section 25, subsection 2(h) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“The employer shall take every precaution reasonable in the circumstances for the protection of the worker.”

Here we find another company being convicted of the most general of sections of the OHSA. (section 25, subsection 2(h)) I have stated in the past that this is used more often than any other section. I find it hard to believe that there is not a section of the Ontario `Farming`regulation 414, that covers machine guarding. If there is none, it should be added soon.

I am not that familiar with the farming regulations. The 4 big sectors include; Construction, Industrial, Mining and Healthcare. Please review the appropriate sections that pertain to your business especially anything that can give you prior warning concerning a health and safety issue at your workplace. It would be nice to correct any problem before the MOL has to do it for you.

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’, ‘Standard Operating Procedures’ and ‘Due Diligence’. 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.

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