Excerpt from the Government of Ontario’s ‘Newsroom’
Cuddy Farms Limited 2008, a Strathroy, Ontario company that breeds turkeys, was fined $65,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On September 29, 2010, a worker was cleaning out a poultry barn in Melbourne, ON. There were several floor chutes on the second story of the barn that were normally covered with grates and plywood inserts. To facilitate cleaning, these protective coverings had been removed from the chutes. While cleaning on the second floor, the worker fell though one of these unguarded chutes and was seriously injured.
Cuddy Farms Limited 2008 pleaded guilty to failing to take the reasonable precaution of ensuring workers were protected by guardrails or grates to prevent them from falling through openings in the floor.
The fine was imposed by Justice of the Peace Jamie Shortt. 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.
The law(s) in contravention:
Cuddy Farms Limited 2008, was found guilty of violating section 25, sub-section 2 (h) of the OHSA which states,
“The employer shall do everything reasonable in the circumstances for the protection of the worker.”
How much easier can it get? This is just stupid, in this day and age, to see such lack of structure in the work process. I do not know about you but I think the fine should have been a little higher to go along with the total disregard for the worker’s safety. By the way, this is, again, the most used section for discipline in either the OHSA or the appropriate sector regulations.
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.
P.S. I will be beginning more studies in the world of health and safety. There is a designation at the end of this and a possibility of a second. Wish me luck! I may quote some of the things from the new course just to keep the reader up to speed.