Post #352 – Toronto Redi-Mix Fined Total of $60,000 after Worker Seriously Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

614949 Ontario Limited, a Concord company that employs people who work at a concrete plant operated by Toronto Redi-Mix was fined $60,000 for a violation of the Occupational Health and Safety Act after a worker was seriously injured.

On May 19, 2009, a worker employed by 614949 Ontario Limited was working at a Concord plant owned by Toronto Redi-Mix. The worker, who was removing debris from the frame of a conveyor, slipped and fell. The worker’s hand and arm became entangled between the conveyor belt and a roller, which caused severe arm and shoulder injuries.

A Ministry of Labour investigation found that the conveyor had exposed moving parts, which were improperly guarded. Also, the worker had not locked out the conveyor before starting to work on it.

The 614949 Ontario Limited was fined $60,000 for failing to ensure that a conveyor was suitably guarded.

The fine was imposed by Justice of the Peace Asad Malik. 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:

Toronto Redi-mix was found guilty of violating section 25 of the Ontario ‘Industrial’ regulation 851/90 which states,

“An in-running nip hazard of 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.”

Toronto Redi-mix was also found guilty of violating section 75 of the Ontario ‘Industrial’ regulation 851/90 which states,

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

a) Motion that may endanger a worker has stopped, and
b) Any part that has been stopped and that may subsequently move and endanger a worker has been blocked to prevent its movement.”

Most times you will find that the manufacturer has added proper guarding when designing new equipment. Conveyors are usually an engineering solution and the design needs to incorporate proper guarding as part of the safety intent.

As I have stated before, safety needs to be incorporated into the design stage of the business. It needs to send a message to the entire workforce that safety is not being taken for granted and the workers health and safety is of paramount importance.

Here we find either the company failed to ensure that all safety issues and concerns possible were taken prior to the worker getting near the equipment OR the engineering of the equipment lacked the safety intent in the initial design.

I would have to assume that since no engineering firms were charged, the complete MOL investigation could only find the employer at fault and dealt with it accordingly.

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’ and Lockout and Tagout. 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.