Excerpt from the Government of Ontario’s ‘Newsroom’
Oxford Plastics Inc., a manufacturer of plastic products, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On March 19, 2010, at the company’s Embro, ON facility, a worker was making an adjustment to a machine that held large coils of plastic tubing. The worker was underneath the plastic tubing when one of the coils fell off. The worker was struck and injured. A second worker was also injured trying to assist the first.
A Ministry of Labour investigation found that the coils had not been secured against tipping or falling.
The fine was imposed by Justice Thomas McKeogh. 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.
The law(s) in contravention:
Oxford Plastics Inc. was found guilty of a contravention of section 46 of the Ontario ‘Industrial’ regulation 851/90 which states,
“Machinery, equipment or material that may tip or fall and endanger any worker shall be secured against tipping or falling.”
Oxford Plastics Inc. was also found guilty of a violation of the Ontario Occupational Health and Safety Act (OHSA) section 25 (2)(h) which states,
“The employer shall,
do everything reasonable in the circumstances for the protection of the worker.”
Many times in the past I have mentioned that section 25,(2)(h) of the OHSA is used more than any other section. It has the beauty of being the justified general section for the MOL to use when there is no certain section that may apply. In this case, it was used as an add-on since there was a section that could be used, section 46 of the Ontario ‘Industrial’ regulation 851/90. This was just not a surprise to me but a pleasant one. The MOL decided that the one section would not be enough and used two different sections for their disciplinary action. I cannot say I do not agree with this. Oxford Plastics Inc. needed to do so much more for their employers and I feel the MOL felt the same way. I hope this employer received the message loud and clear.
Remember — In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety need including ‘Material Handling’ and ‘Proper Lifting Techniques’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at email@example.com
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc