Excerpt from the Government of Ontario’s ‘Newsroom’
Lecours Lumber Co. Limited, owner and operator of a sawmill in Calstock, was fined $50,000 on November 23, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker.
On June 24, 2009, a worker was cleaning debris from a debarker, a machine that removes bark from logs. The debarker suddenly restarted and the worker was caught in a pinch point of the machine. The worker’s shoulder was injured.
A Ministry of Labour investigation found that the debarker did not have a guard to protect the worker from accessing the pinch point.
Lecours Lumber Co. Limited pleaded guilty to failing to ensure that the debarker was equipped with, and guarded by, a guard or other device to prevent access to the pinch point.
The fine was imposed by Justice of the Peace Jean-Marie Blier. 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:
Lecours Lumber Co. was found guilty of a contravention of section 25 of the Ontario ‘Industrial’ regulation 851/90 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 Carswell version of the OHSA and regulations is a definite upgrade when it comes to health and safety research. Starting at section 24 of the Industrial regulation 851 the heading shows “Machine Guarding” and any type of issue that has been determined as a possible machine guarding hazard should be researched here. The Carswell is easy to read and does have only one index instead of the two in the government’s version. Please review the appropriate section before any works begins. It can be a tough situation to deal with if work is being done, on a regular basis, and the law is not being met. It does happen all the time and companies that are up on the legislation are usually out there for a longer period of time.
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.
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