Excerpt from the government of Ontario’s ‘Newsroom’
Magna Exteriors & Interiors Corporation, a manufacturer of various plastic automotive parts using plastic injection molding machines, has been found guilty and fined $80,000 after a worker suffered burns on the job.
On June 25, 2012, a worker at the company’s plant at 26 Kenview Boulevard in Brampton was assigned the task of troubleshooting and repairing an injection molding machine that was failing to inject plastic into the mold when cycled. The worker, after confirming that melted plastic was backing up in the machine, adjusted the temperature to cool the nozzle head of the machine, then was called away several times for repairs to other machines.
The worker returned to the machine and started to remove its head bolts, but decided to crack them loose instead. After being called away again, the worker returned to the machine and took out all but the last bolt, using a hammer to tap on the nozzle to loosen it. Without warning, molten plastic was expelled from the machine, hitting the worker mainly in the torso. The worker suffered serious burns as a result.
The company was convicted of failing as an employer to ensure that the measures and procedures prescribed by law were carried out in the workplace, and was fined $80,000 by Justice of the Peace Eileen Walker on May 28, 2015 in Brampton court.
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:
Magna Exteriors & Interiors Corporation was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851/90, section 84 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.”
Magna Exteriors & Interiors Corporation was also found guilty of a contravention of the Occupational Health and Safety Act (OHSA), section 25(1)(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
My only suggestion to the situation was that the maintenance person was the only one working in that area. I would venture to say, because of cost cutting, not enough maintenance workers were made available and procedures had to be interrupted and the worker was placed in serious risk.
Ultimately, the employer is at fault for not doing everything reasonable in the circumstances for the protection of the worker. All Hail, section 25, subsection 2 (h) of the OHSA once again!
Ensure your workplace is a safe place.
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’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.