Hydraulic pump too powerful

In September 2004, a worker at National Steel Car Ltd.’s Hamilton, ON plant died from a blow to the head. Excessive pressure from a hydraulic pump on a spacer bar caused the bar to fail and strike the worker. The company was recently fined $200,000.

The incident occurred as the worker was welding the sides of a gondola car. He had been using a hydraulic pump and spacer bar to align the pieces properly. The worker was between the car's back wall and the spacer bar when the bar failed and struck him. A Ministry of Labour investigation concluded that, if a hand pump had been used instead of the hydraulic pump, workers could have monitored the pressure and the spacer bar might not have failed.

National Steel Car Ltd. was fined for violating section 25(2)(h) of the Occupational Health and Safety Act (“take every precaution reasonable in the circumstances for the protection of a worker”).

Another incident, another fine

National Steel Car Ltd. was also in court for a March 2006 incident in which a worker was struck from above. In this instance, the worker had been applying decals to car sides as running boards—large pieces of latticed steel—were moving overhead on a jig. One running board fell and struck the worker, severely injuring his hands, leg and foot. While overhead protection was present, there was still enough room for the running board to fall through.

National Steel Car Ltd. was fined $50,000 for violating section 45(a) of the Industrial Establishments Regulation (O. Reg. 851). The section states that “material, articles or things… required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker.”

Machine not locked out

Nestle Canada Inc. pleaded guilty and was fined $70,000 following an incident in which a worker’s finger was crushed and required amputation.

In August 2007, a worker at the Toronto, ON location that makes Coffee Crisp chocolate bars was asked to clean a cream depositor. The machine is used in the layering process to make the bars. Rollers on the machine were moving when the worker tried to clean them with a rag. The worker's finger was drawn into the rollers, resulting in an injury that required amputation.

Nestle Canada Inc. pleaded guilty and was fined $70,000 for violating section 75 of the Industrial Establishments Regulation (O. Reg. 851). According to section 75, “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.”

Arm fractured by rollers

Rich Products of Canada Limited was recently fined $55,000 following the injury of a worker at its dough factory in Fort Erie, ON.

In September 2006, an employee was cleaning grease from a running transfer conveyor belt when his arm was pulled between two unguarded rollers. The arm was fractured as a result.

Contrary to section 25 of the Industrial Establishments Regulation (O. Reg. 851), the pinch point created by the two rollers was not guarded. A guard in place earlier had been removed. Section 215 states that “an in-running nip hazard or 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.”

Appeal overturns original verdict

In February 2004, Dofasco Inc. had been acquitted of charges under the Occupational Health and Safety Act involving serious hand injuries suffered by an employee at its Hamilton, ON factory. The worker's hand had become caught between two unguarded rollers while he was milling sheet steel.

The Crown appealed, and Dofasco was subsequently convicted of failing to ensure that measures and procedures prescribed by section 25 of the Industrial Establishments Regulation (O. Reg. 851) had been carried out. The company had failed to ensure that a pinch point between two rollers was properly equipped with a guard. Fine: $85,000.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Wrist fractured in pinch point

In April 2007, a Premier Candle Corp. worker suffered a fractured wrist and forearm cut while operating a candle shaving machine. The worker's arm had become pinched in a gap at the back of the machine.

The machine was found to lack guards that would prevent access to moving parts and pinch points, contrary to section 25 of the Industrial Establishments Regulation (O. Reg 851). Premier Candle Corp. recently pleaded guilty to failing to ensure that the measures and procedures prescribed under the regulation were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act. Employer fine: $60,000.

Multiple injuries from ladder fall

Retail grocer Sobeys Capital Incorporated pleaded guilty and was fined $85,000 in connection with fall injuries sustained by a worker in January 2007.

A produce manager at the chain’s Cambridge, ON store fell from a ladder while trying to retrieve a small produce rack stored on a mezzanine. The manager sustained hip and leg fractures and a separated shoulder.

The Ministry of Labour determined that the employer had contravened section 45 (c) of the Industrial Establishments Regulation (O. Reg 851), which requires material, articles or things to be removed from a storage area, pile or rack, in a manner that will not endanger the safety of any worker.

Falling bumper breaks worker’s leg

In July 2006, an employee of Presvac Systems (Burlington) Limited, a custom truck maker and repairer, broke his leg when a 227 kg bumper fell on it.

The day before, the worker had tack welded a bumper assembly to a vehicle. Prior to the incident, the bumper had been temporarily elevated. However, it had not been securely and solidly blocked to prevent it from falling, as required by section 74 of the Industrial Establishments Regulation (O. Reg 851). Employer fine: $54,000.

Workers exposed to asbestos

The City of Kingston recently pleaded guilty and was fined $60,000 after construction workers were exposed to asbestos during renovation of a city building. The 36-year-old building houses Utilities Kingston, as well as the city's engineering, planning and building offices.

In May 2007, the city hired a construction firm to complete renovations of the building. The city informed this contractor that some asbestos testing had taken place in 2003. The tests showed negative results. However, not all surfaces had been tested, and nothing had been tested since.

When renovations began, a worker noticed asbestos-like material, but it was not tested until three weeks later. In June 2007, test results revealed chrysotile asbestos in 3 of 24 air samples, and the project was shut down. Workers had been on the job for three weeks, and their personal protective equipment did not meet safety requirements for asbestos.

By failing to determine the presence of asbestos in the building and/or advise prospective constructors before requesting tenders for a project in the building, the City of Kingston violated section 10 of Ontario Regulation 278 and section 30 of the Occupational Health and Safety Act.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Hot debris starts fire

Ford Motor Company of Canada Limited was recently fined $100,000 for a May 2006 incident at its Windsor, ON casting plant, in which a worker suffered serious burns while operating a skid steer loader.

The incident occurred as the worker was moving foundry debris that had fallen from a cupola into a hopper. While the worker was backing out of the area with a load in the bucket, a fire erupted and spread to his cab, seriously burning him.

An investigation determined that

• steps had not been taken to assess the temperature of the debris before it was moved
• workers had received no instructions on how to safely complete a bottom drop at the cupola

The company pleaded guilty to failing to implement a mandatory cooling period or other procedure to assess the temperature of the material before it was removed from a bottom drop cupola to protect workers, contrary to section 25(2)(h) of the Occupational Health and Safety Act.

Charged crane electrocutes worker

An Orangeville, ON maintenance company has been fined $115,000 in connection with the death of a Linamar Holdings Inc. worker in May 2006.

Jerrico Industrial Maintenance (1337001 Ontario Limited) had been contracted to maintain industrial equipment at a Linamar plant in Guelph, ON. The Linamar worker was electrocuted when he took hold of an electrically charged chain attached to a crane.

Cranes are used in the plant to move auto parts. One crane had developed an electrical fault and was unplugged at shift's end by a Jerrico worker. Another Jerrico worker on the next shift plugged it back in, noticed no trouble, and put it back into service. The Linamar worker died when he took hold of a chain attached to the electrically charged crane while holding onto the chain of another crane. The second crane acted as a grounding structure.

Jerrico pleaded guilty to failing to ensure that workers communicated, during shift changes, concerns involving maintenance work or concerns relating to the crane, contrary to section 25(2)(h) of the Occupational Health and Safety Act.

Linamar Holdings Inc., operating as Camtac Manufacturing, had earlier pleaded guilty to failing to ensure that the crane was maintained in good condition, contrary to section 25(1)(b) of the act. Linamar was fined $225,000.

Molten metal explodes, burning worker

Wescast Industries Inc., an international company with Canadian operations, was fined $120,000 after a worker was injured in April 2007.

The company provides exhaust system components for automotive engines, and operates a foundry in Wingham, ON. The worker involved in the incident was removing impurities from molten metal in a furnace with a device called a cast slagging spoon.

The process involves applying a protective coating, called a pig wash, to the spoon, and allowing it to dry before placing the spoon in the furnace. This removes moisture from the spoon's surface. However, on this occasion some moisture may have been trapped in a cavity. The moisture caused the molten material to explode 20 metres in the air, hitting the plant's ceiling and seriously burning the worker.

The worker was not wearing personal protective equipment as required by section 84 of the Industrial Establishments Regulation (O. Reg 851).

Conveyor breaks worker’s leg

Kitchener Frame Limited, a Vaughan, ON-based auto parts manufacturer, was fined $50,000 for an injury to a worker in January 2007.

The company's Kitchener workplace contains a 146-metre-long overhead conveyor system. Every few years, the conveyor chains are replaced. On January 7, 2007, a jam occurred during replacement work. A worker freed the jam, but as the conveyor moved his leg became pinned between two steel rails and broke.

A Ministry of Labour investigation found that although the conveyor had been stopped, it was not blocked to prevent movement, contrary to section 75 of the Industrial Establishments Regulation (O. Reg 851).

Source files: unless otherwise indicated, Ontario Ministry of Labour

Spinning saw almost severs fingers

In November 2006, an employee of Wit Manufacturing Ltd. in Waterloo, ON almost severed two fingers while operating a chop saw (circular saw) to cut aluminum bar stock. The injuries occurred when the worker slid a piece of bar stock into place on the saw.

An investigation found that the saw was not adequately guarded, allowing the worker access to the saw blade. The company pleaded guilty to failing to ensure that the saw blade was equipped with, and guarded by, a guard or other device that prevented access to the moving part as prescribed by section 24 of the Industrial Establishments Regulation (O. Reg 851). Fine: $50,000.

Retracting floor vent traps leg

A worker at Ford Motor Company of Canada Limited’s Oakville, ON facility broke his ankle in September 2006 while working at a roll testing station. At the station, a diagnostic machine simulates road tests on finished vehicles. In this instance, a vehicle on the test station had brake problems and it was decided to push it rather than drive it away.

One worker was pushing at the back of the vehicle when a sensor automatically activated, causing a floor exhaust vent began to retract, and creating an unguarded accessible pinch point. The worker's foot and leg became trapped.

Ford pleaded guilty to failing to ensure the retractable floor exhaust vent was equipped with, and guarded by, a guard or device that prevents access to the pinch point, as required by section 25 of O. Reg 851. Fine: $175,000.

Misunderstanding leads to broken leg

An employee of Calgary-based Dyno Nobel Canada Inc. broke his leg when he fell off a truck driven by a co-worker. The workers were dropping 25-kg boxes of explosives from the back of the truck at various sites in a quarry.

The worker at the back believed he was to bang on the truck to signal that the vehicle could move forward. However, the driver believed that he could proceed once he saw a box land on the ground.

At one point, a box was dropped in the wrong location. The driver moved the truck forward just as the unloading worker began to step off the truck to reposition the box. The worker lost his footing and fell, coming down with full weight on one leg, which broke.

The company pleaded guilty to not providing adequate information, instruction and supervision to protect the health or safety of the worker; specifically, a safe procedure for unloading a packaged explosives truck, contrary to section 25(2)(a) of the Occupational Health and Safety Act. Fine: $90,000.

Worker pulled into conveyor nip point

A worker at a fertilizer storage facility operated by Growmark Inc., a Mississauga, ON-based inter-regional co-op, suffered facial and soft tissue arm injuries in November 2006 when his arm was pulled into an in-running nip point.

Growmark Inc. provides fertilizer ingredients to local farming co-ops. The facility had previously been leased to another co-op for a number of years, and its physical condition had deteriorated. While Growmark Inc. made some efforts to address the equipment and structural deterioration when it took over the facility a year earlier, hazardous conditions remained.

On the day of the incident, a conveying system was moving a load of raw materials into a silo. Spotting raw material spilling out of the top of the silo, the worker climbed stairs and ladders, and walked along a catwalk beside the conveyor to investigate. While on the catwalk he tripped on an object. He fell onto the moving conveyor, where his arm was pulled into the nip point.

A Ministry of Labour investigation found that the catwalk’s condition did not comply with section 11(a)(ii) of O. Reg 851. Fine: $80,000.

Steel bar crushes worker

In February 2006, a rotating steel bar caused serious crushing injuries when it caught a worker’s clothing during discharge from a straightening machine. The bar then twisted the clothing tightly around the worker and dragged him onto part of the machine. The incident occurred at a Stellarc Precision Bar Inc. custom steel processing plant in Brantford, ON.

An investigation determined that the straightener machine was not shielded or guarded to prevent product, material being processed, or waste stock from endangering workers. The company pleaded guilty to failing to ensure that the equipment, materials and protective devices prescribed by section 26 of O. Reg 851 were provided. Fine: $65,000.

Finger catches in modified lifting device

An employee at TDS Automotive Canada, Inc.’s Tillsonburg, ON warehouse required amputation of a finger at the middle knuckle after a March 2007 in which the finger became caught within a lifting device.

The worker was using the device was removing a battery from a forklift. According to investigation results, the hooks of the device had been modified from the manufacturer's design. The modification shortened the "stem" of the hooks, creating a pinch point.

The company plead guilty to violating section 51(1)(a) of O. Reg 851. The section states that "a lifting device be so constructed, of such strength and be equipped with suitable ropes, chains, slings and other fittings so as to adequately ensure the safety of all workers." Fine: $60,000.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Light curtain set too high

An employee at Cello Products Inc.’s Cambridge, ON plant injured his hand in June 2007 when a die clamped down on it. At the time, the worker was clearing a misfed part in a swedger machine that was still in operation. Swedging is a metal-forming technique in which the dimensions of an item are altered using a die or dies, into which the item is forced.

A Ministry of Labour investigation found that

• a light curtain on the machine had been set too high for the part being manufactured
• it was standard practice in the workplace for workers to put their hands through the light curtain to break the beam of light in order to retrieve a misfed part; this is an unsafe practice, and led to the worker's injuries
• the worker had not been trained on the swedger machine

Cello Products pleaded guilty to failing to provide information, instruction and supervision to a worker on how to remove a misfed part on the swedger machine in a manner that did not endanger the worker, contrary to section 25(2)(a) of the Occupational Health and Safety Act. Fine: $55,000.

Machine kills before it’s even delivered

An employee of Weagant Farm Supplies Ltd. in Winchester, ON died while preparing a forage harvester for delivery to a client. In the September 2006 incident, the worker’s arm became entangled in moving feed rolls after he had installed a crop processor and engaged the power to run it. The feed rolls pulled his upper body through cutting blades, causing massive, fatal injuries.

An investigation concluded that the employer could have prevented the incident by ensuring any motion on the harvester that could endanger a worker was stopped and blocked to prevent movement before and during maintenance, as required by section 75 of the Industrial Establishments Regulation (O. Reg 851). Fine: $100,000.

Electrical explosion injures worker’s face and head

In August 2007, an employee of Arcamm Electric, Mississauga, ON, was working in a client’s electrical room, removing an existing 60-amp circuit breaker so that it could be upgraded to a 100-amp circuit breaker. However, power to the electrical panel had not been disconnected and locked out. As the worker proceeded, an explosion occurred, injuring his face and head.

Arcamm Electric had neither established nor implemented any written procedures with respect to working with electrical installations in the manner prescribed by section 42 of O. Reg 851. Fine: $50,000.

Glove catches in dough roller

In a November 2006 incident, a gloved hand of a worker at a Zehrmart Ltd. store in Chatham, ON was pulled into a machine that flattens dough for pizza crusts. The worker couldn’t reach the emergency stop control, and had to call out to co-workers for help. After several minutes the co-workers were able to free her hand.

An investigation found that the machine lacked a guard. A media report notes that Loblaw Companies Ltd., which owns Zehrmart, removed similar machines from all stores in Ontario.

Zehrmart pleaded guilty to failing to ensure that the in-running nip hazard of the machine was protected by a guard preventing access to a pinch point, as prescribed by section 25 of O. Reg 851. Fine: $75,000.

Co-op teacher puts students at risk

A recent media report indicates that a Sault Ste. Marie, ON co-op teacher was fined $1,000 plus costs for hindering, obstructing, molesting and interfering with a Ministry of Labour investigator.

In April 2007, an inspector visiting a housing project found six high school co-op students on a roof more than three metres high, but not attached to safety harnesses. The students were on site to learn construction industry skills, with the teacher acting as on-site teacher-supervisor.

In June 2007, the investigator returned to the site and found 10 students on the roof, none of whom were connected to a fall arrest system. They were unloading shingles from a truck and moving them up to the roof.

According to coverage in The Sault Star, the inspector ordered the students off the roof. A subsequent discussion between the teacher and the inspector escalated. The teacher began yelling, swearing, and shoving the inspector. After the incident, the teacher was reassigned and another teacher hired to continue the program.

In court, defence lawyer Don Orazietti said the teacher believed the fall arrest system would be more of a hindrance in the process. "He understands that his view isn't what the legislation requires." Ministry of Labour lawyer Wes Wilson said that, given the teacher’s position of responsibility, “he ought not to be breaking government regulations" in front of the students.

The justice of the peace, who accepted a joint submission from the crown and defence, told the teacher that "the bigger issue is the health and safety of young people under your tutelage." Young workers often do whatever their employer asks without understanding some of the safety risks involved, she said. "I'm happy we're not here dealing with a death or injury of a student."

Company makes false statement

Aecon Group Inc., based in Toronto, ON has been ordered to pay $125,000 for misleading the Workplace Safety and Insurance Board (WSIB) about how much time injured workers were off the job. In one instance, a retaining wall partially collapsed on a worker, seriously injuring his shoulder and back. Aecon reported the man was back at work the day after the injury, when in reality he had missed a week of work.

The company pleaded guilty to five counts of knowingly making a false or misleading statement in connection with a worker's claim for benefit entitlement. These are violations under section 149(1) of the Workplace Safety and Insurance Act.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Light beam fails to prevent restart

A worker at Goodyear Canada Inc.’s Bowmanville, ON plant suffered a broken arm after a machine he had just restarted pulled his arm into a pinch point. The machine makes conveyor belts.

Before pressing the start button, the worker had walked into the path of an electronic beam guard. The guard was intended to prevent restarting by the start button if the beam’s path were broken.

The firm pleaded guilty to failing to ensure that an in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker was equipped with a guard or other device that prevented access to the pinch point. This was contrary to section 25 of the Industrial Establishments Regulation (O. Reg 851). Fine: $55,000.

Rotating equipment catches worker’s hair

A worker at Javro Industrial Hardware Ltd. in Mississauga, ON suffered serious upper body injuries after the worker’s hair was caught in a single spindle automatic screw machine. The worker had been adjusting a radio located behind the machine.

Javro, a small machine shop business that makes such items as industrial fasteners, screw machine products and custom hardware, pleaded guilty to failing to provide proper guarding on the machine, as required by section 24 of the Regulation for Industrial Establishments. Fine: $65,000.

Supervisor suffocates in bin

In February 2006, a supervisor who entered an unguarded ore bin at a Unimin Canada facility in Nephton, ON was later found engulfed in ore at the bottom, asphyxiated. The facility mines and crushes nepheline syenite ore; the mineral is used to make glass, fiberglass, ceramic, quartz lighting, and other products.

A shovel was found next to the supervisor’s body. In cold weather, chutes at the bottom of the bin can clump and freeze. There was no fencing or other guarding to prevent access to the bin.

Unimin and a plant superintendent pleaded guilty to failing to ensure the bin was guarded, violating sections 25(1)(c) and 27(1)(a), respectively, of the Occupational Health and Safety Act. The company was fined $200,000; the superintendent, $20,000.

Worker tumbles from ladder

A worker’s fall from a storeroom ladder cost Toys "R" Us (Canada) Ltd. a $50,000 fine.

In March 2007, a worker at a Hamilton, ON Toys "R" Us store climbed a 2.4 metre ladder in a storeroom to retrieve a boxed tricycle from a shelf. The box's size prevented the worker from climbing down while facing the ladder or maintaining three points of contact with it. The worker descended while facing away from the ladder, lost balance, and fell to the floor, hitting a clothing rack and suffering bruising and scratches.

A Ministry of Labour investigation found that the worker had not received instruction, supervision or training in the safe use of ladders, although this training was part of the company's health and safety program. The company pleaded guilty to failing to provide information, instruction and supervision to protect the health and safety of the worker, contrary to section 25(2)(a) of the Occupational Health and Safety Act.

Steel platform crushes subway worker

A Toronto Transit Commission (TTC) worker driving a subway maintenance train was crushed to death when a steel platform clipped the wall and crashed into the train operator's compartment.

In April 2007, a subway tunnel repair and maintenance crew working a night shift had set up a work zone between two stations. The crew was using a system of work platforms on a flatbed work car. The platforms could be extended on both sides of the flatbed from their stowed positions.

The crew finished a couple of hours later, and was to fully retract the work platforms before moving down the line on the train. However, one extension unit on a platform remained extended. As the train rolled down the track, the extended platform caught on a bundle of cables on the tunnel wall and then an electrical room enclosure. On impact, the module rose out of its mounting holes, struck the subway tunnel’s steel liner, and was forced backwards, flipping into the front of a second car where the work train operator was stationed. The operator suffered fatal injuries. Two other workers were injured.

The TTC pleaded guilty to failing to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the Occupational Health and Safety Act; specifically, failing to ensure that the work platforms on the modules were fully retracted and secured prior to leaving the work location. Fine: $200,000.

This incident, and another in 2006 which led to eight members of a tunnel maintenance crew being overcome by carbon monoxide, has prompted the TTC to overhaul its safety practices. As part of the process, the TTC recently hired a US consulting firm, Behavioral Science Technology, to reduce injuries and reshape the transit authority’s safety culture. This firm had been retained by NASA after the space shuttle Challenger blew up in 1986.

The TTC is also considering a “fitness for duty” policy that may include alcohol and drug testing. Toxicology reports indicate that the worker killed in the 2007 incident had "measurable levels" of tetrahydrocannabinol (THC)—the active chemical in marijuana—in his system. The same worker had been disciplined a year earlier for on-the-job drug use. However, drug use was not considered a factor in the 2007 incident.

TTC chairman Adam Giambrone said in a recent interview that drug and alcohol use on the job is "not rampant," but enough of a concern to warrant a full review.

Watch for more on alcohol and drug testing in an upcoming issue.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Refinery workers exposed to hazardous vapours twice

During two separate incidents in 2006, workers at Suncor Energy Inc.’s Sarnia, ON refinery were exposed to hydrofluoric acid and hydrogen sulphide, respectively.

In one incident, two workers were draining petroleum and the corrosive hydrofluoric acid from a piping system into an open trench. Acid vapours drifted downwind 60 metres, where other workers were occupied. Twenty-three were treated on-site and later at a local hospital for potential exposure to hydrofluoric acid. Suncor pleaded guilty for failing to take every precaution reasonable in the circumstances for the protection of a worker, and was fined $75,000.

A month later, 11 workers were exposed to rich amine, a chemical containing hydrogen sulphide. The rich amine had been sent through an incorrectly identified drain that led to a holding tank. A pump in that tank sent the material through an incomplete piping system resulting in the vapour release as well as splashing. One worker was splashed in the face with the chemical and 10 others inhaled vapours. All were treated on-site. Suncor pleaded guilty for failing to ensure that, when the starting of a machine, transmission machinery, device or thing may endanger a worker, the control switches or other control mechanism shall be locked out, as prescribed by section 76 of Ontario Regulation 851/90. Fine: $125,000.

In the past year, Suncor has had no lost-time injuries. However, a 2003 fire killed a worker in 2003 (fine: $325,000), and a 2005 incident involved improper handling of material containing asbestos (fine: $125,000).

Machine snares worker

An employee of Steelmatic Wire Inc. in Toronto, ON suffered serious injuries while operating a wire drawing machine that stretches lengths of wire to a desired diameter. An investigation suggests that the worker had been operating the machine with a protective cover open, and while making an adjustment was pulled into the machine by the fast moving wire.

Prior to the incident, a Ministry of Labour inspector had ordered the company to

• interlock the machine's protective covers so that they could not be opened during production, and
• retain a professional engineer to conduct a pre-start health and safety review, and implement the recommendations arising from the assessment.

The company failed to comply, even though all defendants were aware that the machine would operate with the protective covers open.

Steelmatic Wire Inc. and company director Stephen Gauci pleaded guilty to failing take reasonable care to ensure that

• metal covers over the capstans on the wire drawing machine were interlocked to prevent the machine operating in production mode when the covers were open, and/or
• metal covers on the wire drawing machine could not be opened when the machine was operating, and/or
• workers could not be endangered by the moving parts of the machine and the wire, and/or
• the machine’s operating manual was provided to workers who operated it, and/or
• the documents, "safety instructions for wire working machines" and "safe guarding of wire working machines," were reviewed with workers and complied with, and/or
• the machine was operated only in compliance and accordance with the operating manual, and/or
• concerns raised in the pre-start health and safety review were addressed and remedied, and recommended precautions were in place before workers were permitted to work, or worked, on the machine.

The company pleaded guilty to violating section 25(2)(h) of the Occupational Health and Safety Act , and Gauci pleaded guilty to violating section 32(a). Ivano Zarlenga, Steelmatic's plant manager, and Paul Orlando, Steelmatic's general manager, pleaded guilty to failing, as supervisors, to take the reasonable precautions of ensuring that

• metal covers on the wire drawing machine could not be opened when the machine is in production mode, and/or
• workers could not be endangered by the moving parts of the wire drawing machine and the wire in the machine, and/or
• the wire drawing machine was only operated in compliance with the machine's operating manual.

The company was fined $150,000; the three officials, $25,000 each.

Editor’s note: IAPA has an extensive machine safety portfolio, including a special summer offer on the course Interlocking Devices: Selection and Use.

Worker crushes finger while operating a crane remotely

A worker using his “other” hand while operating a crane with a remote control device crushed one of his fingers.

The worker, an employee of Burlington, ON steel grating manufacturer Fisher & Ludlow, had reported an injury to his dominant hand three days earlier. Subsequently, he was using his other hand. The injuries occurred while the worker was using a remote control device to lift steel grates from a pile and move them into separate bundles for shipping. The worker's finger became caught and crushed between the grating and a hook used to attach the crane to the grates.

An investigation concluded that not providing work within the worker's physical limitations, contrary to section 25(2)(h) of the Occupational Health and Safety Act, was a contributing factor in the injury. Employer fine: $65,000.

Steel columns fatally injure worker

A worker at Excelcon Steel Co. Ltd. in Stittsville, ON died from injuries sustained when two 590 kg steel columns rolled off a cart he was using to move them. The cart system had no safety mechanisms to secure the columns or prevent the columns from moving, such as side rails, straps or slings.

A media report quotes the worker’s wife as saying “he always felt unsafe there… And he always said, ‘They’re making me do a three-man job.’ ” He had been injured several times previously:

• a crushed finger that required surgery,
• a tooth chipped by a steel beam, and
• a blow to the thigh from a grinder.

The company pleaded guilty to failing to ensure that material that was lifted or moved was secured so as to ensure that a worker was not endangered, as required by section 45(a) of the Industrial Regulations.

Falling slab kills one, injures another

In January 2007, workers on a Toronto, ON film site were sorting lumber debris when frozen sand and gravel adhering to a wall broke off in large slabs and fell on two of the workers. One later died of his injuries; a second was seriously injured.

The workers’ employer, BC-based Jumper Productions Ltd., had used sand and gravel to cover an external stage while filming the movie “Jumper.” The workers were in the process of dismantling the film site.

According to an investigation, a thaw caused a wall of partially frozen granular materials to detach from the front face of a plywood wall. Vibrations of heavy equipment being operated nearby and the tearing action of an excavator on the corner of the wooden structure also contributed to the separation and collapse. Neither workers nor project supervisors were wearing protective headgear.

Jumper Productions pleaded guilty, and was fined $250,000 for failing to ensure that

• granular material was not placed or left in a manner that would endanger a worker, as prescribed by section 113 of the Construction Projects Regulation (O. Reg 213)
• precautions were taken to prevent injury to a person on or near a project that might result from the demolition, dismantling or moving of a structure, as prescribed by section 214(2) of the regulation
• every worker wore protective headgear at all times while on a project, as prescribed by section 22 of the regulation.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Workers injured in 2 of 3 Stelco incidents

Hamilton, ON steel producer Stelco Inc. recently received $400,000 in fines for three separate incidents, two of which caused injuries.

In June 2005, one worker lost both thumbs and a second worker suffered broken toes when a shear blade cut through a sling and fell to the ground. The workers had been trying to move the blade. The company pleaded guilty for failing to ensure the blade was moved in a way that did not endanger worker safety, as per section 45(a) of the Industrial Establishments Regulation (O. Reg 851). Fine: $160,000.

In November 2005, a worker lost a leg below the knee after he was pinned between equipment on a machine in the company's sinter plant. Stelco pleaded guilty to failing to ensure that adjustments, repairs and maintenance were performed on the machine only when motion that may endanger a worker had been stopped and blocked to prevent further movement, as per section 75 of O. Reg 851. Fine: $180,000.

In February 2006, Stelco failed to ensure that a safety gate on a blast furnace was fenced or guarded, as required by section 185(2) of the Mines and Mining Plants Regulation (O. Reg 854/90. A fence guard had been in place, but was later removed. Fine: $60,000.

According to media coverage of Stelco’s court appearance, Crown counsel attributed the high fines to the company's health and safety record, which includes 18 prior convictions since 1978. In 2004, the company was fined $250,000 following the 2001 death of a steelworker Jeffrey Turner at its Hilton Works.

Workers fall from ladder

Two workers at auto parts maker DDM Plastics Company, in Mississauga, ON, suffered injuries when the ladder they were using became unstable and tipped.

One worker had been told to stand on a mobile ladder and manually remove and lower bumpers from a storage rack. Typically, this would have been done using a reach truck, a platform on which a worker stands to be raised and lowered, and to which he or she is tied using a fall-arrest system. But on this day, the reach truck had mechanical problems and could not be used.

The worker was trying to pass a bumper down from the ladder stand to a co-worker below when the ladder stand tipped and sent both workers falling to the floor.

The company pleaded guilty to failing to ensure that material, articles or things to be removed from a storage area, pile or rack, were removed in a manner that would not endanger the safety of any worker. Fine: $60,000.

Rollers fracture worker’s arm

A worker at Morbern Inc., a Cornwall, ON company that makes decorative vinyl upholstery, suffered a fracture to his arm when two rollers clamped down on his arm. The worker had just reached between the two rollers when a co-worker closed them. There was no machine guard to prevent access to the pinch point.

The company pleaded guilty to failing to ensure that the equipment, materials and protective devices prescribed by section 25 of the Industrial Establishments Regulation (O. Reg 851) were provided. Fine: $60,000.

Operator removes asbestos without notice

A Hanover, ON retirement home operator failed to notify the Ministry of Labour of an asbestos removal project and was fined $50,000.

Justice of the Peace Robert Gay heard that on March 27, 2006, maintenance workers employed by Retirement Residences Genpar Inc., which operated a retirement home in Hanover, were at that location to remove a boiler from a boiler room. An asbestos-containing material, chrysotile, insulated the boiler.

The company failed to notify the ministry of the work involving asbestos. The company pleaded guilty to failing to provide notice as required by section 11(1) of O. Reg 278/05 (Designated Substance — asbestos on construction projects and in buildings and repair operations).

Steel tubes crush young worker

An 18-year old worker at Neucorp Enterprises Inc. in Windsor, ON died after stacks of metal tubing collapsed and pinned him. The worker was alone at the time, and no one saw what happened.

According to media reports, the worker may have been trying to move a bundle of tubes from a stacked pile using an overhead crane and sling apparatus. He had just installed a sling before the stack tipped over. However, he had not completed his training on proper use of the sling.

After the incident, inspectors ordered the metal fabricating company to change stacking and storage procedures, including reducing the height of each stack.

The company pleaded guilty to failing to ensure that the stacks of steel tubing were placed and stored so that they would not tip, collapse or fall, and that the stacks could be removed without endangering the safety of a worker. Fine: $75,000.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Barrel of steel crushes truck driver

In August 2006, a truck driver delivering a barrel of steel bearing plates and shims died when the barrel fell on him. The barrel contained 100 plates, each weighing about eight kg (17 lb).

When the driver arrived at an Elderston Manor Estates Inc. housing project in Vaughan, ON, a supervisor ordered a worker to unload the barrel. The worker used a lift truck, trying to drive its lifting forks under the barrel. At the same time, the truck driver tried to manoeuvre it onto the forks. However, the unsecured barrel fell on top of the truck driver.

A Ministry of Labour investigation determined that the unloading method was hazardous and created an unstable load on the lift truck. Barrels are not equipped with appropriate handling mechanisms, such as lifting slots or pallet slots.

Elderston pleaded guilty to failing to ensure that steel bearing plates were moved in a manner that did not endanger a worker, as required by section 37(1) of the Construction Projects Regulation (O. Reg 213/91). Fine: $180,000.

Worker paralyzed by fall

In July 2005, an apprentice carpenter working on a work platform inside a cooling tower in Whitby, ON fell six metres (20 ft) through an uncovered opening to the floor of an empty concrete well. The worker suffered serious spinal injuries resulting in paralysis.

It is believed that the worker was unaware of the opening. An investigation determined that, at the time of the incident, he was wearing a full body harness with a single lanyard unattached to a fixed support or lifeline. Furthermore, he should have been using a double or retractable lanyard. Workers had been instructed to tie off their fall arrest if they thought they were at risk of falling. The investigation also found that the lighting was inadequate for the worker to have seen the opening, and that more training would have helped ensure he was wearing the proper fall protection.

International Cooling Tower Inc. pleaded guilty to failing to ensure that

• the worker used appropriate fall protection, and/or
• the worker was protected from openings in a work platform, and/or
• there was adequate lighting to protect the health or safety of the worker.

The company was fined $150,000.

Crawler-dozer kills worker

The body of a worker at heavy equipment rental firm Matthews Equipment Limited, operating in Etobicoke, ON as Hertz Equipment Rental, was found with marks that appeared to be tracks from a crawler dozer. The worker had last being seen climbing into the machine’s driver seat. The machine was later observed moving at full throttle, hitting equipment as it went, with no one at the controls.

The company pleaded guilty to failing to provide information, instruction and supervision to the worker on how to safely operate a crawler-dozer. Fine: $95,000.

Shaft catches worker’s hair

A worker at Global Egg Corporation in Toronto, ON suffered scalp injuries when his hairnet and hair became entangled in a rotating shaft. The company makes liquid and frozen pasteurized egg products for the commercial, industrial and food service markets.

At the time of the incident, the worker was setting up a drip sanitizer tray under a machine while it was running. During set-up, the worker knocked a cover off a drive shaft. The cover fell to the ground, and the shaft caught the worker’s hairnet and hair. The cover had been neither bolted in place nor interlocked to the machine’s motion.

The company pleaded guilty to failing to ensure that the measures and procedures prescribed by section 24 of the Industrial Establishments Regulation (O. Reg 851) were carried out, enabling access to moving and rotating parts. Fine: $50,000.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Worker crushed

A worker in a metal melting area of a Wescast Industries Inc. plant in Wingham, ON died after being crushed between a furnace hood and a vehicle delivering scrap metal. The company is a Brantford, Ontario-based manufacturer of engine components used in light cars and trucks.

An investigation determined that the operator of the vehicle, a “charge car,” could not see the entire path that the car traveled, including the location of the other worker. The operator controlled the vehicle from a panel in a control room.

Wescast Industries Inc. pleaded guilty to one count of failing to take the reasonable precautions of ensuring that

• workers were not endangered by moving parts of the car
• the car's operator had a clear and unobstructed view of the entire area the car could operate in, including the area where workers had access, and
• the car was operated as recommended in the car’s installation, operation and maintenance instructions.

Fine: $240,000.

Confined space injuries kill worker

A worker at a Bradford, ON Sure Fresh Foods Inc. chicken processing plant died from third degree burns sustained in a confined space explosion. The incident occurred when the worker entered an empty 80,000-litre water tank to weld a crack, and ignited his welding torch.

The explosion was fuelled by naturally occurring methane gas, which had likely entered the tank in water drawn from the employer's well. The gas is clear and odourless.

Investigators found that the employer lacked

• a confined space policy
• an air monitoring protocol, which allowed the methane build-up to go undetected
• written procedures for confined space entry
• appropriate testing equipment to monitor air quality in the tank.

These factors contributed to the worker not receiving appropriate confined space entry training.

The company pleaded guilty to failing to provide information, instruction and supervision to the worker to protect health and safety, as required by section 25(2)(a) of the Occupational Health and Safety Act. Fine: $150,000.

Jail term for obstruction

A Kitchener, ON plumbing contractor has received a seven-day jail sentence and a $3,000 fine for pushing a Ministry of Labour inspector on a construction site visit.

In January 2006, the inspector arrived at a Scarborough construction site to follow up on previously issued health and safety orders. While the inspector was asking two workers why they were not wearing head protection, Ion Cenuser, the owner of a plumbing contracting business working on the site, approached. The inspector then asked why Cenuser was not wearing protective footwear. Cenuser began swearing at the inspector, who went to speak with the site manager in the site trailer. Cenuser followed. Inside the trailer, he shouted and swore at the inspector and, finally, grabbed and pushed the inspector across the trailer.

Cenuser was convicted on a count of hindering, obstructing, molesting or interfering with an inspector in the exercise of a power or the performance of duty under the Occupational Health and Safety Act, contrary to section 62(1) of the act.

Company ignores work orders

Great Events & Tents Inc. of Windsor, ON was recently fined $50,000 for failing to comply with Ministry of Labour orders.

In summer 2005, the ministry repeatedly inspected the Great Events & Tents location as part of a high risk initiative. The initiative focuses on workplaces with the highest injury rates and costs.

The ministry issued dozens of orders for numerous violations. After the company failed to comply with several orders, the ministry laid charges. At trial, Great Events & Tents Inc. was found guilty of failing to comply with orders to

• post a health and safety policy
• provide instruction to workers on safe lifting techniques and proper material handling
• provide a guardrail at an open side of a mezzanine storage area
• provide an eyewash station
• provide material safety data sheets for controlled products.

Fine: $50,000.

Worker’s hand caught in roller

A worker at Alumabrite Anodizing Ltd. in Hamilton, ON suffered hand injuries when his glove and hand became entangled in a pinch roller.

The worker had been using a three-head grinder, which applies a finish to aluminum parts, such as refrigerator door handles. The worker became entangled when he tried to adjust the machinery while it was still operating.

The company pleaded guilty to failing to provide adequate information, instruction and supervision to the worker on how to operate the grinder safely. Fine: $50,000.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Drive shaft screw catches loose glove

A slightly raised screw on a hose lathe drive shaft led to severe hand injuries for a Penske Logistics Canada Ltd. worker in Chatham, ON.

Subsection 83(2) of Ontario Regulation 851 states that jewelry or clothing that is loose or dangling, or rings, shall not be worn near any rotating shaft, spindle, gear, belt or other source of entanglement. The employer pleaded guilty to failing to ensure this measure was carried out, and was fined $50,000.

Young worker falls off unguarded catwalk

In 2006, a summer worker at Unimin Canada Ltd.’s ore processing plant in Havelock, ON broke a leg after falling 2.5 metres from a catwalk. The worker had been walking along the 20-cm wide catwalk after changing dust bags inside a dust collector.

The company recently pleaded guilty to not equipping the catwalk with guardrails, as required by section 46(3) of Ontario Regulation 854. Fine: $60,000.

Concrete panel pins worker

A worker at Syri-Con Corporation's concrete plant in Princeton, ON suffered multiple broken bones after being pinned by a 455-kg concrete panel.

The worker and a colleague had been trying to move a number of panels from the casting floor to a flatbed truck. Because the overhead crane they normally used was not working, they modified a lift truck. However, while lifting one of the panels the hoisting chains slipped. When the lift truck operator lowered the panel so that the other worker could secure it, the panel tipped.

The employer was found guilty of failing to have the lift truck modifications inspected by a competent person and to take every reasonable precaution in the circumstances for the protection of a worker, breaching sections 51(1)(a) and 45(a) of Regulation 851 under the Occupational Health and Safety Act. Employer fine: $75,000.

Worker falls from platform ladder

Brampton, ON pet supply company 3499481 Canada Inc., operating as Super Pet, was fined $70,000 following the injury of a worker in a forklift incident.

Two workers were moving goods from store shelves onto a skid that had been elevated on a lift truck when the incident occurred. One worker, who had loaded goods onto the skid and was standing atop a platform ladder, asked the co-worker to lower the forks and the skid. As the forks came down, they struck the top guardrail of the platform ladder, tipping it and causing it to fall. The worker on the platform fell with it and suffered leg and arm injuries.

Neither worker was trained in the use of the lift truck, despite a store policy that the lift truck was to be operated only by a certified operator.

The company was fined for failing to ensure that the lifting device was operated only by a competent person, or a worker being instructed who was accompanied by a competent person, as per section 51(2)(a) of Regulation 851.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Workers overcome by CO

The Toronto Transit Commission recently pleaded guilty and was fined $165,000 after workers were overcome by carbon monoxide gas in a subway tunnel.

The workers had been using gasoline-powered washers on a flatbed work car to remove material from tunnel walls. At 4:13 a.m., the crew's foreman called transit control for help. When Toronto Fire Service responders arrived at the incident location, they reported carbon monoxide readings of over 1000 parts per million (ppm)—10 times the short-term exposure limit of 100 ppm. By 5:30 a.m., levels had fallen to the 550-580 ppm range. However, logistical problems prevented the responders from removing the men from the tunnel until 5:37 a.m. In the process, four firefighters also suffered carbon monoxide poisoning.

Ventilation fans that might have helped had been shut off because a nearby crew was working with asbestos. Other fans were not working at all. The transit commission acknowledged being warned in 2004 and 2005 about ventilation problems, but a proposed solution had never been properly implemented Following the incident, the commission installed monoxide detectors on work cars, revamped training, and reviewed the use of gasoline-powered equipment in tunnels. In some cases, it has stopped using the equipment.

A general superintendent still faces his day in court, expected in February or March.

Machine traps worker’s head

A worker at Richardson Foods Limited in St. Mary’s, ON suffered severe injuries when she became trapped in a double lane packaging machine. The machine packages condiment sauces into cups which are then sealed and put into boxes.

While the worker was using the machine to package hotcake syrup, it began to stick and have running problems. While trying to clear part of the machine, the worker became trapped between a metal plate and a moving part. She suffered a broken nose, fractured jaw, fractured and separated cheekbone, broken bones above and beside her eye, cuts and bruising behind her ears. Because of brain damage, the worker also has ongoing difficulty reading and writing.

The company pleaded guilty to failing to ensure that the machine was equipped with, or guarded by, a guard or other device that would have prevented access to a pinch point, as required by section 25 of Ontario Regulation 851/90.

Firms make false statements

Two Brantford, ON firms and a Stittsville, ON firm pleaded guilty to making false statements or representations to the Workplace Safety and Insurance Board, a violation of section 149(1) the Workplace Safety and Insurance Act, section 149(1). The statements involved a worker’s claim for benefits.

The Brantford firms, Blastech Corporation and Brant Corrosion Control Inc., were fined $40,000. Brant Corrosion Control also pleaded guilty to failing to notify the board within three days of learning on a worker’s injury, a violation of section 152(3). The Stittsville firm, Eastern Float Glass Inc., pleaded guilty to four counts of making false statements, and was fined $84,000.

Company ignores stop work order

Continuing to work despite a stop work order issued by a Ministry of Labour inspector netted McKinley Equipment Ltd., of Chesterville, ON, a $25,000 fine. A company director was also fined $10,000.

The company paints machines for industrial, commercial and construction use, and the order called for safety modifications before work in a painting room could resume. However, the director ordered the painting to continue.

The company was found guilty of failing to comply with an order issued by an inspector, contrary to section 66(1) of the Occupational Health and Safety Act. The director was found guilty of failing to take all reasonable care to ensure that the corporation complied with the stop work order, contrary to section 32(b) of the act.

Source files: unless otherwise indicated, Ontario Ministry of Labour