Excerpt from the government of Ontario’s ‘Newsroom’
Bailey Metal Processing Limited was fined $50,000 this week after a worker was injured by machinery.
On April 8, 2015, a worker was testing equipment at the Bailey Metal Processing establishment at 1211 Heritage Rd. in Burlington. The equipment malfunctioned. The worker attempted to fix the malfunction and accidentally activated the equipment, which resulted in the worker’s arm being pinned and injured.
The Ministry of Labour investigated and found that the equipment had not been checked to find out if it was operational, and the electrical source was not locked out as prescribed by section 76 of Regulation 851, R.R.O. 1990.
Bailey Metal Processing Limited pleaded guilty and was fined $50,000 by Justice of the Peace Denis Lee. 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:
Bailey Metal Processing Limited was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851/90, section 76 which states,
“Where the starting of a machine, transmission machinery, device or thing may endanger the safety of a worker,
(a) control switches or other control mechanisms shall be locked out; and
(b) other effective precautions necessary to prevent any starting shall be taken.”
All employers must ensure that all sections of the act and appropriate regulation is applied to the workplace.
Bailey Metal Processing Limited was also found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 25, subsection 1 (c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
There is no need, in today’s workplace, to not use standard lockout procedures. It is a simple process and needs to be applied.
I am finding that most employers DO follow safe work procedures and only the fringe make it to the Ministry of Labour ‘newsroom’. There is no need to be that popular if you change the work culture at your facility to one of safety.
I guess Bailey Metal didn’t get the memo.
Please ensure that 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’, ‘Lockout and Tagout’ 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.