Blog Post #584 – Charges Laid after Worker Fell at Sobeys

Excerpt from the OH&S Canada magazine

An Ontario company that makes and maintains refrigeration systems and a grocery distribution centre have been levied $125,000 in fines.

In early September, Cimco Refrigeration was fined $95,000 after pleading guilty to failing to ensure a power supply to a control panel was disconnected, locked out or tag before work began on or near live exposed parts. In addition, Sobeys Capital Inc. pleaded guilty to failing to ensure no one interfered with or altered anything at the scene until permission to do so was received from a provincial inspector.

Under Ontario’s OHSA, until permission is obtained, “no person shall, except for the purpose of,

a) Saving life or relieving human suffering;
b) Maintaining an essential public utility service or a public transportation system; or
c) Preventing unnecessary damage to equipment or other property, interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence.”

Charges were laid following the injury of a worker at Sobeys’ Whitby Retail Support Centre in August of 2009. A Cimco Refrigeration worker was standing on a ladder while servicing an electrically powered door, Ontario’s Ministry of Labour (MOL) in Toronto reports. The worker made contact with the door’s energized control panel and fell, sustaining severe head injuries and electrical burns.

My opinion

The law(s) in contravention:

Cimco Refrigeration was found guilty of a contravention of section 42, subsection 1 and 2 of the Ontario ‘Industrial’ regulation 851/90 which states,

“(1) The power supply to electrical installations, equipment or conductors shall be disconnected, locked out of service and tagged before any work is done, and while it is being done, on or near live exposed parts of the installations, equipment or conductors; and

(2) Before beginning the work, each worker shall determine if the requirements of subsection (1) have been complied with.”

Sobeys was found guilty of violating section 51, subsection 2 of the Ontario Occupational Health and Safety Act (OHSA) which states,

Preservation of Wreckage

“(2)Where a person is killed or is critically injured at a workplace, no person shall, except for the purpose of,

(a) saving life or relieving human suffering;

(b) maintaining an essential public utility service or a public transportation system; or

(c) preventing unnecessary damage to equipment or other property,
interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do has been given by an inspector.”

As the reader can see, there is a section in either the OHSA or the appropriate sector regulation that needs to be recognized and put into place prior to any work being done.

HRS Group Inc. can support your company with Lockout/Tagout training. We introduce a classroom training session at least once a month or we can travel to your location to complete in-house training. Your company can also complete our on-line training course listed at www.hrsgroup.com. Please take the time and review your choices. Ask for Samantha and she can help you and lead you to where you need to go.

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 ‘Due Diligence’, ‘Lockout and Tagout’ 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 

‘Work’ and ‘Play’ safe.

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