Blog Post #211 – Welded Tube of Canada Fined $140,000 after Worker Critically Injured

Excerpt from the Government of Ontario’s ‘Newsroom’

Welded Tube of Canada, a Concord-based company, was fined $140,000 on July 16, 2010, for violating the Occupational Health and Safety Act after a worker was injured.

On July 31, 2008, a worker employed by Welded Tube at 50 Bowes Road in Concord prepared a bundle of steel tubes weighing approximately 2.5 tons and sent them down a conveyor to be processed for shipping. The worker and a co-worker then began to make a mechanical adjustment in the path of the conveyor. The bundle of tubes needed to be rearranged and was sent back on the same conveyor, where it struck the worker and caused leg injuries.

A Ministry of Labour investigation found that the conveyor was not protected by a guard to prevent access to the path of travel while it was in motion.

Welded Tube of Canada pleaded guilty to failing to ensure that a machine that has moving parts that may endanger a worker is equipped with a guard or other device which prevents access to the moving parts.

The fine was imposed by Justice of the Peace Rhonda Shousterman. 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:

Welded Tube of Canada was found guilty of a contravention of  section 24 of the Ontario ‘Industrial’ regulation 851/90 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.”

Section 24 of the Industrial regulation 851 is used quite often. Machine guarding is just as important as any other protective device or process such as Fall Protection and Lockout and Tagout. A worker can be hurt at any point of a process and all hazards MUST be identified and controlled prior to any worker entering the work area.

I have, from time to time, made the effort to educate the employer in health and safety and, so far, the reception has been a warm one and the needs of the workers are becoming more and more of a priority. Proper education of the OHSA is a must. The company H&S coordinator needs to always stay up on current changes to the OHSA. Health and safety should always be included in the planning stages of any business venture. If it becomes too late then the MOL has to clean up a mess that should never have been made in the first place.

I wonder if Welded Tube of Canada has been introduced to a course of ‘Machine Guarding’. HRS Group Inc. would be more than happy to send a trainer to their facility and educate them in any of multiple courses available. All of their people need to be competent under the law. I hope Welded Tube of Canada understands what that actually means. They can contact HRS Group Inc. for more information. Machine Guarding can be added to other courses as part of a joint program for even better savings. HRS Group Inc. will travel anywhere the clients needs us to go.

P.S.

This is a defining moment for HRS Group Inc. There are over 30,000 comments registered now and, as it is the author’s birthday as well, it is a double treat for us. Thank you, again, for your continued support. I hope to keep your interest piqued by having more and more material for you to review.

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.