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  The quarterly newsletter for Safety Professionals

Q2, 2006

Issue 2
   

Top Story

 

Fines for Health & Safety Infractions

 
Think your company is safe from fines? These companies were also caught off guard when they were fined as much as $313,000 for health & safety violations. Learn from their mistakes and avoid a hefty fine in your workplace.
 


These are just some of the recent fines imposed for health & safety violations within Canada:

Food Processing Company Fined $75,000 for Health and Safety Violation
March, 2006:
A large food processing company was fined $75,000 on March 23, 2006 for a violation of the Occupational Health and Safety Act that resulted in serious injuries to an employee.

On June 18, 2004, a worker was inspecting a pasta-shaper machine when the worker's coverall sleeve got caught in a moving bar, dragging the worker's arm into the bar. Just prior to the incident, the worker had removed a guarding device from the top of the pasta-shaper machine. The worker slipped while standing on the top step of a platform near the machine. The worker's arm came into contact with the bar after the arm fell into the machine's hopper. The worker suffered broken ribs, multiple fractures to the arm and jaw and the loss of several teeth.

A Ministry of Labour investigation found the machine was running when the worker inspected it. When the worker removed the guarding device, the machine was supposed to have automatically shut off, but failed to do so.

The company pleaded guilty, as an employer, to failing to ensure a nip hazard on the machine was equipped with, and guarded by, a guard or other device to prevent access to the pinch point, as required by Section 25 of the Regulations for Industrial Establishments. This was contrary to Section 25(1)(c) of the act.
[Santa Maria Foods Corporation, MOL News Release, Mar. 23, 2006]

Cereal Manufacturer Fined $50,000 for Health and Safety Violation
March, 2006: A large cereal manufacturing facility in London, Ontario, was fined $50,000 for a violation of the Occupational Health and Safety Act.

On June 28, 2005, the Ministry of Labour attended the facility and examined an airlock sample port on a rice silo. Its purpose is to permit samples of rice to be taken for laboratory analysis.

The airlock sampling port was found to contain a moving part that was not guarded by a guard or other device to prevent access to the moving part, as required by section 24 of the Regulations for Industrial Establishments. This was contrary to section 24(1)(c) of the Act.

Since then, the company has instituted a lock-out procedure that ensures the machine is not able to function while samples of rice are being taken from the airlock sample port.
[Kellogg Canada, MOL News Release, Mar. 20, 2006]

Paint Manufacturer Fined $75,000 for Paint Mixer Accident
March, 2006: An Alberta paint manufacturer was fined $75,000 in fines and penalties under the Occupational Health and Safety Act.

The company pleaded guilty after an employee was seriously injured when his arm got caught in a paint mixer in March, 2003 at a manufacturing plant in Edmonton.

The company was fined $5,000 and a $750 victim fine surcharge. It was also ordered to pay $70,000 to a health and safety organization
.
[Cloverdale Paint, ohscanada.com., Mar. 17, 2006]

Steel Manufacturer Fined $125,000 for Worker's Death
March, 2006: A steel manufacturer based in Stratford, Ontario, was fined $125,000 on March 6, 2006 for a violation of the Occupational Health and Safety Act that resulted in the death of an employee.

On August 23, 2001, a worker was helping to move a partially-constructed
smoke box so it could be welded on another side when the 285-kilogram (628-pound) box fell onto the worker. At the time of the incident the worker was on the ground pushing on the bottom of the smoke box while a second worker was using a forklift to lift the smoke box. The first worker was attempting to tilt the smoke box onto the forklift's forks but, rather than falling back, the smoke box fell forward. The first worker was taken by ambulance to Stratford General Hospital and died early the next morning.

Following a trial, the company was found guilty, as an employer, of failing to ensure the smoke box was transported so that it did not tip, collapse or fall, as required by Section 45(b)(i) of the Regulations for Industrial Establishments. This was contrary to Section 25(1)(c) of the act.

In addition to the fine imposed by Justice of the Peace Hoffman, 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.

[Chrima Iron Work Limited Corp. MOL News Release, Mar. 6, 2006]

Wood Manufacturer Fined $80,000 for Health and Safety Violation
Feb, 2006: A manufacturer of hardwood plywood and hardwood veneer, with a mill that produces hardwood plywood in Rutherglen, Ontario, was fined $80,000 on February 28, 2006 for a violation of the Occupational Health and Safety Act that resulted in serious finger injuries to an employee.

On July 31, 2003, a worker was placing strips of wood into a splicer when the worker's hand was drawn into the machine by the wood. The worker's fingertips came in contact with a pinch point. The worker suffered crushing injuries to the fingers and amputation of the tip of a middle finger.

A Ministry of Labour investigation found there was a plexiglass guard in place to prevent a worker's hand from coming in contact with the pinch point, but the guard had become warped in several places due to heat generated by the machine. As a result, there were gaps along the guard.

The company pleaded guilty, as an employer, to failing to ensure an in-running nip hazard, or any part of the splicer machine that could endanger a worker's safety, was equipped with, and guarded by, a guard or other device that would prevent access to the machine's pinch point, as required by Section 25 of the Regulations for Industrial Establishments. This was contrary to Section 25(1)(c) of the act.
[Columbia Forest Products, MOL News Release, Feb. 28, 2006]

Steel Manufacturer Fined $313,000 for Health and Safety Violation
February, 2006: A steel manufacturer based in Sault Ste. Marie, Ontario, was fined $313,000 on February 2, 2006 for a violation of the Occupational Health and Safety Act that resulted in the death of an employee.

On April 26, 2004, an electrical worker was attempting to visually trace some wire that ran along a ceiling when the worker walked over an opening to an alloy addition chute in the floor and fell about 35 feet into a pit below. The worker died as a result of injuries sustained in the fall.

A Ministry of Labour investigation found the chute opening was protected on three sides. There was a guardrail on one side, a fixed piece of equipment on a second side and a wall on a third side. At the time of the incident a guardrail was also installed on a fourth side, but the gate had been left in an open position. The gate had been installed about 20 years earlier as a safety precaution after another worker fell part way into the chute and was injured, but over time proper use of the gate became inconsistent. Although the gate was sometimes kept closed, it was left open for periods of time.

The company pleaded guilty, as an employer, to failing to ensure there was a guardrail around the perimeter of the chute opening, as required by Section 13(1)(a) of the Regulations for Industrial Establishments. This was contrary to Section 25(1)(c) of the act.
[Algoma Steel Inc., MOL News Release, Feb. 2, 2006]

Steel Processing Plant Fined $75,000 for Health and Safety Violation
Jan, 2006: A company that operates a steel processing plant in Stoney Creek, Ontario, was fined $75,000 on January 6, 2006 for a violation of the Occupational Health and Safety Act that resulted in a serious foot injury to an employee.

On July 21, 2004, a worker was helping to remove used cutting heads and spacers on a machine located on a slitter line when the worker's foot got caught in a pinch point between a stationary component and a moving component that contained a blade. The force of movement resulted in amputation of the worker's right foot. The component had been activated by a second worker to enable the cutting heads to be removed. A Ministry of Labour investigation found there was no lockout procedure to prevent movement of the component when workers were on the machine removing blades.

The company pleaded guilty, as an employer, to failing to ensure a part of the machine that could endanger a worker's safety was equipped with, and guarded by, a guard or other device that prevented access to the pinch point, as required by Section 25 of the Regulations for Industrial Establishments. This was contrary to Section 25(1)(a) of the act.
[Nova Steel Processing, MOL News Release, Jan. 6, 2006]

Mining Company Fined $45,350 for Spray Paint Accident
August, 2005: In Calgary, Alberta, a mining equipment manufacturer was fined $45,350 after a worker was engulfed in flames while he was spray painting the inside of a van. The fine dates back to the incident which occurred on August 23, 2002.

The employee was spray painting the inside of a van outside the company's welding shop. The paint vapours suddenly ignited and the worker was seriously burned. The source of the ignition is still undetermined, but improper ventilation is suspected.

The injured employee had missed his WHMIS (Workplace Hazardous Materials Information System) training due to scheduling conflicts.
[Clemro Western,  (1996) Limited, OHS Canada Magazine, July/August 2005]


To view news releases from the Ontario Ministry of Labour, please visit http://www.labour.gov.on.ca/english/news/

 

 
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