Excerpt from the Government of Ontario’s ‘Newsroom’
Imasar Engineering Inc., a Concord-based company offering consulting engineering services in workplace safety, was fined $80,000 on December 20, 2010, for a violation of the Occupational Health and Safety Act after a worker was injured.
On December 12, 2008, an Imasar consultant was conducting a pre-start health and safety review of a tile backing line at the InterfaceFlor Canada Inc. carpet manufacturing plant at 233 Lahr Drive in Belleville. The tile backing line was in full operation as the consultant began to point out an in-running nip hazard between two rollers. The consultant’s arm was caught between the rollers and severely injured.
A Ministry of Labour investigation found that Imasar failed to take the reasonable precaution of providing clear instructions and procedures for a worker to follow when inspecting unguarded moving parts of equipment.
Imasar Engineering Inc. pleaded guilty to failing, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker.
The fine was imposed by Justice Patrick A.Sheppard. 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.
The law(s) in contravention:
Imasar Engineering Inc. was found guilty of violating section 25 (2) (h) of the OHSA which states,
“The employer shall take every precaution reasonable in the circumstances for the protection of the worker.”
This particular section and subsection is used more than any other. It covers any and all incidents, regardless of employment sectors, that may not be correctly identified (yet) in the regulations.
I was surprised that the company was not also fined for failing section 25 of the Ontario ‘Industrial’ regulation covering machine guarding nip points. The fines could have been most severe in that case.
I also wonder if an engineer designed the equipment. If so, then section 31, subsection 2 of the OHSA was also violated and more fines could have been issued. With a little creativity the MOL could have run up a large amount of fines so Imasar Engineering Inc. should be thankful they did not have a worse time of it.
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.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.