Blog Post #267 – Cadbury Adams Canada Inc. Fined $55,000 after Worker Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

Cadbury Adams Canada Inc., a candy manufacturer, was fined $55,000 on December 16, 2010, for a violation of the Occupational Health and Safety Act that caused a worker to be injured.

On September 12, 2009, a worker at the company’s Toronto manufacturing plant was operating a machine that presses hot candy through rollers to flatten it into a long ribbon. While attempting to clear a jam in the machine, the worker’s hand was pulled into the rollers and injured.

A Ministry of Labour investigation found that there was no guard on the machine to prevent the worker’s hand from getting caught in the rollers.

Cadbury Adams Canada Inc. pleaded guilty to failing to ensure that the machine was guarded to prevent a worker from accessing its pinch point.

The fine was imposed by Justice of the Peace Mary Anne Ross Hendriks. 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:

Cadbury Adams Canada Inc. was found guilty of a contravention of section 25 of the Ontario ‘Industrial’ regulation 851 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.”

Most of the ‘Machine Guarding’ sections of the industrial begin at 24 and are closely listed. It is incumbent on all employers to review the machines in their workplaces to ensure that machine guarding, according to the regulations, is not missing or damaged. It is also important to note that the manufacturers MUST ensure that the guards are in place are engineered properly to offer full protection.

I wonder who ‘WAS’ the H&S officer for this company, if they ever had one.

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 ‘Machine Guarding’. 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 – Foundation Level
VP & Senior Trainer
HRS Group Inc.

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