Blog Post #148 – Jackson Builders Supply Limited Fined $55,000 After Worker Critically Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

Jackson Builders Supply Limited, an Iroquois manufacturer of wood pallets and containers, was fined $55,000 on September 28, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was critically injured.

On February 5, 2008, two workers were on the facility’s recycling line, examining pallets for damage and making repairs. They were standing in the output area of a pallet turner, a hydraulically driven machine that turns over pallets for further repair. A chain on the pallet turner came loose, and the machine was shut down with a pallet left inside. This pallet had a hammer on it. When the chain was put back on, and the machine restarted, the pallet inside was rotated and the hammer fell on the floor. One worker told the other about the fallen hammer. The second worker, erroneously believing that the first worker had activated the machine’s emergency stop, reached between its steel tubing and its rotating leg to retrieve the hammer. The machine detected an incoming pallet and cycled, causing the worker’s arm to be crushed between the leg and frame of the pallet turner.

Jackson Builders Supply Limited pleaded guilty under the OHSA to failing to ensure that the pallet turner was guarded to prevent access to its pinch points.

The fine was imposed by Justice of the Peace, Louise Rozon. 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:

Jackson Building Supply Ltd., was found guilty for 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.”

The information can be found under the ‘Machine Guarding’ section of the OHSA.

Actually, Carswell Publishing has an excellent ‘Condensed’ version of the ACT. Their copy has the regulations for the following;

1) Construction regulation 213/91
2) Industrial regulation 851,
3) Healthcare regulation 67/93
4) Ontario regulation 833, biological or chemical agents
5) The 12 designated substances
6) Ontario regulation 629/94 — Diving Operations
7) Ontario regulation 632/05 — Confined Spaces
8) Ontario regulation 474/07 — Needle Safety
9) Ontario regulation 860 — WHMIS
10) Ontario regulation 861 — X-Ray Safety
11) Ontario regulation 855 — Oil and Gas — Offshore
12) Ontario regulation 414/05 — Farming Operations

The only sector I cannot find is the ‘Mining’ Sector. If a cross section of the workplace sectors is a requirement needed to build a better case for safety in the workplace then please seek out Carswell. I have a copy of the 2010 and 2011 with me, most of the times.

Now, back on topic.

The company needed to understand all aspects of ‘Machine Guarding’ including pinch point safety. All the information required for industrial work-sites to cover all aspects of ‘Machine Guarding’ can be found starting at section 24 in the Industrial regulation. Please review the next few sections until you come to the section of choice that covers your particular worksite.

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.