Excerpt from the Government of Ontario’s ‘Newsroom’
The grocery store operator, Metro Ontario Inc., was fined $100,000 on July 9, 2010, for a violation of the Occupational Health and Safety Act (OHSA) that caused an injury to a worker.
On January 18, 2009, a worker at the company’s location in North Bay was using a band saw to cut beef in the meat department. The worker’s hand slipped towards the moving blade, and the blade partially amputated some of the worker’s fingers.
A MOL investigation found that the machine’s blade was improperly guarded. Metro Ontario Inc., pleaded guilty to “failing to ensure the saw was equipped with and guarded by a guard that prevented access to its moving blade.”
The fine was imposed by Justice of the Peace, Ruby Beck, in addition to the fine, the court imposed a 25% 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:
Metro Ontario Inc. was found guilty of a contravention of the ‘Industrial Establishments’ sector regulation 851/90, section 24 which states,
“Where a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, the machine or prime mover or transmission equipment shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
It doesn’t say MIGHT or MAYBE, but SHALL! Many of the employers are not exposed to certain sections from either the Act or the sector regulation, (in this case, regulation 851/90) that may pertain to their business. A great resource is a company’s JHSC, if any, or their health and safety representative and they MUST make sure to become acquainted with the appropriate section(s) of the Act to better aid their employers to comply with governmental law.
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.
Remember In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.
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