Blog Post #56 – IMT Corporation Fined $60,000 After Worker Injured

Excerpts from the Ontario Government ‘Newsroom’

IMT Corporation, a metal forging company, was fined $60,000 on February 4, 2010, for a violation of the Occupational Health and Safety Act (OHSA) that caused an injury to a worker.

On March 11, 2009, a worker at the company’s Port Colborne facility was greasing a die machine. The worker accidentally stepped on a pedal that activated the machine. The die descended on the worker’s forearm and crushed it.

A Ministry of Labour investigation found that the machine had not been locked out.

IMT Corporation pleaded guilty to failing to ensure the machine was locked out before being greased.

The fine was imposed by Justice of the Peace David Brown.

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:

IMT corporation was in violation of Ontario regulations 851, section 75,

“A part of a machine, transmission machinery, device or thing shall be cleaned, oiled, adjusted, repaired or have maintenance work performed on it when,

(a) motion that may endanger a worker has stopped, and
(b) any part that has stopped and that may subsequently move and endanger a worker has been blocked to prevent movement.”

The company could have also been convicted under section 42 of the Ontario regulations 851,

Section 42 of the Industrial regulations states the following,

“The power supply to electrical installations, equipment or conductors shall be disconnected, locked out of service and tagged before any work is done, and while it is being done, or near live exposed parts of the installations, equipment or conductors.”

Lockout and tagout procedures are supposed to be a part of any company’s health and safety program. IMT was not practicing ‘Due Diligence’ and made sure that not only the employee not receive the training but quite possibly the supervisor. It is up to the supervisor to make sure the worker is competent prior to any work being done. This is the LAW!

Many larger companies have a JHSC sub-committee looking after lockout and tagout procedures. The sub-committee makes sure that training is up to date and all persons in and around the machinery have been well trained in its safe application, which includes LO/TO at maintenance time.

As a warning, I suggest all companies reading this blog please review your company policies and make sure that all training is up to date, regardless of the subject. Make sure all your supervisors understand their responsibilities under the LAW. Make sure they have the same training as the workers.

Read section 25, sub-section 2(c)

“The employer, when appointing a supervisor, must appoint a competent person.”

Make sure they have the training to organize the work. It is the LAW!

Remember — In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

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