Excerpt from the government of Ontario’s ‘Newsroom’
Bombardier Transportation Canada Inc., a global corporation that manufactures rail transportation systems, has been convicted in two separate cases involving injuries to workers and fined a combined total of $280,000. Both incidents took place at its production facility located at 1001 Montreal Street in Thunder Bay.
In the first case, on April 13, 2012, a worker was changing a part on a mechanical tube bender. The part on the device was stuck in place and it was a regular practice for workers to engage a clamp switch in order to loosen and remove the stuck part. However, when the clamp switch is engaged, a ram switch becomes energized.
The worker engaged the clamp switch and positioned one hand between the energized ram and a grip block. While doing so, the ram was started and crushed the tip of one finger. The worker later required an amputation of part of the injured finger. A Ministry of Labour investigation followed.
Bombardier pleaded guilty to failing to ensure that an exposed moving part on the bender machine was equipped by a guard or other device.
Bombardier was fined $140,000, as well as 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.
In the second case and in the same workplace, on July 5, 2012 a worker was injured after coming into contact with a live electrical conductor. The young worker, who was also a relatively new employee, was checking the electrical current of an electrical conductor in a passenger rail car. The worker reached into an electrical cabinet to clamp an ammeter to verify that it had an electrical current, and inadvertently touched a live terminal strip. The worker was not wearing any rubber gloves or using any protective equipment, which is required by the Occupational Health and Safety Act. The worker suffered injuries to an arm and hand.
A Ministry of Labour investigation revealed that the terminal block was energized and that the worker was not provided with any instructions about the use of personal protective equipment.
Bombardier pleaded guilty for failing as an employer to ensure that the worker used the protective equipment prescribed by law. The company was fined $140,000 as well as the 25-per-cent victim fine surcharge required by the Provincial Offences Act. The fines were imposed by Justice of the Peace John Guthrie.
My opinion
The law(s) in contravention:
In the April case, Bombardier was found guilty of violating section 24 of the Ontario ‘Industrial’ regulation 851/90 which states,
“Where a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, the machine or prime mover or transmission equipment shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
In the July, 2012 case, Bombardier was found guilty of violating section 42.1(2) of the Ontario ‘Industrial’ regulation 851/90 which states,
“Before beginning the work, each worker shall determine if the requirements of subsection (1) have been complied with.”
In the April, 2012 case, Bombardier was found guilty of violating section 25 subsection 1(c) of the OHSA which states,
“The employer shall,
(c) The measures and procedures prescribed are carried out in the workplace.”
In the July, 2012, Bombardier was also found guilty of violating section 25, subsection 1 (c) of the OHSA which states,
“The employer shall,
(c) The measures and procedures prescribed are carried out in the workplace.”
This is a good report for my readership to have for blog post number 600. I started the blog initially in November 2010 and am still going strong today. There is still, unfortunately, still a long way to go before everyone gets the proper message and strive for a safer workplace. Hence I will continue for the foreseeable future.
HRS Group Inc. stands ready to aid your company in upgrading and maintaining the safety policies and procedures in your workplace. Angela Beal, our company President, has been helpful to numerous companies in assessing the company’s needs and build or improve on their inner safety culture (if they ever had one) and making them safer. Call our office at (705) 749-1259 and ask for her help and we will have her complete a free initial consult and offer cost-effected packages to suit every company.
Please inquire and ensure your workplace is a safe place. If not, your company may well end up on one of the next 600 blog posts. I do hope you do want to go there.
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.
Wow, wonderful blog structure!