Excerpt from the government of Ontario’s ‘Newsroom’
Genfry Enterprises Inc., a London corporation carrying on business as New York Fries, was fined $26,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On June 2, 2012, a worker cleaned a deep fryer in the cooking area of New York Fries located at 1680 Richmond Street in London. The fryer being cleaned was next to another fryer that contained hot oil. The worker dropped a cleaning cloth and quickly reached out to catch it. In doing so, the worker’s arm came into contact with the hot oil in the next fryer and suffered burns.
Genfry Enterprises Inc. pleaded guilty to failing to ensure that a worker exposed to the hazard of injury with hot liquid was protected by personal protective equipment.
The fine was imposed by Her Worship Justice of the Peace Anna Hampson. 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:
Genfry Enterprises Inc. was found guilty of a contravention of section 84 of the Ontario ‘Industrial’ sector regulation 851/90 which states,
“A worker exposed to the hazard of injury from contact of the worker’s skin with,
(a) A noxious gas, liquid, fume or dust;
(b) A sharp or jagged object which may puncture, cut or abrade the worker’s skin;
(c) A hot object, hot liquid or molten metal; or
(d) Radiant heat,
Shall be protected by,
(e) Wearing apparel sufficient to protect the worker from injury; or
(f) A shield, screen or similar barrier, appropriate in the circumstances.”
The government of Ontario felt that Genfry Enterprises Inc. was also guilty of a contravention of section 25 of the Ontario Occupational Health and Safety Act (OHSA), subsection 1 (a) which states,
An employer shall ensure that,
(a) the equipment, materials and protective devices as prescribed are provided.”
The identification, assessment and the control of all hazards MUST be initiated prior to any work being done. The workers are never safe until the employer realizes the issues from the last sentence and does everything reasonable to protect their workforce.
Here we find Genfry Enterprises Inc. unaware of the possible danger to a worker. Too bad they did not someone on staff that had read the ‘Industrial’ regulation 851/90 prior and placed controls as part of the safe operating procedures. Too bad the worker was not properly supervised and he/she would have been told of the danger and wore the appropriate PPE that would have been provided and worn as part of the OHSA.Too many mistakes made here!
Please ensure your company reads sections 25-26 (employer responsibilities), 27 (supervisor responsibilities) and 28 (worker responsibilities) of the OHSA. Your workers will appreciate the effort on their part and on their safety.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.