Blog Post #651 – Agora Manufacturing Inc. Fined $60,000 after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

Agora Manufacturing Inc., a Mississauga manufacturer of electrical enclosures, was fined $60,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On December 14, 2012, two workers were changing the bottom die on a large press used to bend sheets of metal. The workers slid the heavy die about half way out of the press and one worker pressed down on the overhanging edge of the die so the edge still in the press tilted upwards. As the second worker reached into the press to grab the die and lift it out of the machine, the press cycled and came down on the worker’s hands. The worker lost several fingers.

Agora Manufacturing Inc. pleaded guilty to failing to ensure the press was properly guarded to prevent access to its pinch point.

The fine was imposed by Justice of the Peace Santino Spadafora. 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:

Agora Manufacturing Inc. was found guilty of a contravention of section 25, subsection 1 (a) of the Occupational Health and Safety Act (OHSA) which states,

“An employer shall ensure that,

(a) The equipment, materials and protective devices as prescribed are provided.”

Agora Manufacturing Inc. was also found guilty of a contravention of section 25 of the Ontario ‘Industrial’ regulation 851/90 which states,

“An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point.”

Machine Guarding regulations are covered in most sector regulations:

1) ‘Industrial’ 851/90 – Sections 24 to 44 – including lockout and tagout
2) ‘Mining and Mining Plants’ 854/90 – Section 185 (includes LO/TO)
3) ‘Healthcare’ 67/93 – Sections 44 to 54

Ensure that your company reads the appropriate sections of the Act and sector regulations pertaining to you. The employee for Agora should have received the same consideration from his employer.

By the way, was this particular machine engineered properly? No way!

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’, ‘Machine Guarding’ 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
VP & Senior Trainer
HRS Group Inc.

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