Blog Post #853 – Colacem Canada Inc. Fined $60,000

Excerpt from the government of Ontario’s ‘Newsroom’

Colacem Canada Inc., which operates a cement plant in Wendover, Ontario, pleaded guilty and has been fined $60,000 after a worker was injured by a conveyor.

The incident occurred on December 18, 2014 at the company’s quarry located at 250 Route 25 in Wendover. The previous month the Ministry of Labour was notified that a mobile crushing plant was being installed and operated for 30 days at the Wendover plant, which is fed supplies from multiple quarries in Ontario. A crew of three workers was on site to perform this work.

Part of this mobile crushing plant included a long conveyor installed at an incline on a built-up pad or base of earth. Due to weather and rain, material was building up on various belts and rollers, causing alignment issues. An entanglement hazard existed where the rotating roller came into contact with the conveyor belt.

On the date of the incident one of the workers employed by the company was attempting to remove mud from a conveyor roller. The worker noticed the roller on this conveyor had two to three inches of mud building-up and wanted to remove the material before shutting down the equipment for the day, knowing it would freeze up overnight and be much more difficult to remove the following day. The worker knocked mud off the roller with a hammer while the conveyor was in operation.

While the worker was performing that task, the hammer sunk into the mud and was pulled around the roller and the worker was pulled along with it. A co-worker turned off the conveyor and emergency assistance was called.

Under the Occupational Health and Safety Act, employers are required to protect workers by ensuring the prescribed safety requirements in the act and in the Mining and Mining Plants Regulation (Regulation 854/90) are followed.

Colacem Canada Inc. pleaded guilty to failing to ensure a guard or fence was in place to protect a worker from an exposed moving part as required by the regulation.

The company was fined $60,000 in L’Orignal court by Justice of the Peace Francois J. Pilon on February 4, 2016.

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:

Colacem Canada Inc. was found guilty of a contravention of the Ontario Mining and Mining Plants regulation 854/90, section 185, subsection 2 which states,

“A machine that has an exposed moving part that may endanger the safety of any person shall be fenced or guarded unless its position, construction or attachment provides equivalent protection.”

Colacem Canada Inc. 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.”

Where was the toolbox meeting prior to the work being done? The associated hazards would have been identified, assessed and controlled prior to the work. That is the law!

Where were the engineers? I bet the design engineers would have been asked where the conveyor guarding necessary to protect people in the general area.

All these question, and more, should have been addressed. If they had of, the worker would probably not been hurt. At least he/she would have been better protected.
Ensure your workplace is a safe place.

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 

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

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

Leave a Comment