Worker falls while clearing overhead conveyor

A worker’s March 2007 fall from safety netting below an overhead conveyor led to a $95,000 fine against the employer, Canadian Linen and Uniform Service Co.

The overhead conveyor, which was carrying bags of soiled linen, had jammed. After trying to reach the jam by climbing onto a metal net guarding under the conveyor, the worker fell almost 4 metres to a concrete floor.

Canadian Linen and Uniform Service Co. pleaded guilty, under section 25(2)(h) of the Occupational Health and Safety Act, to failing to have a safe procedure to clear jammed overhead conveyors. Section 25(2)(h) of the act requires employers to take every precaution reasonable in the circumstances for the protection of a worker.

Engine fan amputates worker’s hand

Toromont Industries Ltd. recently pleaded guilty, under section 25(2)(h) of the Occupational Health and Safety Act, to failing to take the reasonable precaution of implementing a hazard assessment procedure before or during maintenance. Fine: $75,000.

The prosecution arose after an April 2008 incident at Toromont’s London, ON dealership, in which a worker was conducting maintenance on a piece of heavy equipment. The machinery had arrived for maintenance without part of a guard over its engine fan. The worker’s hand was pulled into the fan while passing over the guard opening. Although the worker had received safety training, Toromont had no hazard assessment procedure for maintenance work.

Hopper rollers injure worker’s hand

Pack All Manufacturing Inc. of Clarence-Rockland, ON and two of its directors were fined $55,000 and $5,000, respectively following an incident in which a worker’s hand was grabbed by rollers in a hopper.

The firm produces polystyrene products. In July 2007, a worker tried to clear waste that had jammed the bottom of the hopper. When he reached into the hopper to push the waste through two rollers, they pulled his hand in, severely injuring the fingers.

After a trial, the firm was found guilty of failing to ensure the hopper was guarded to prevent access to its pinch point, a violation of section 25 of the Industrial Establishments Regulation (O. Reg. 851). The two directors were found guilty of failing to take all reasonable care in the circumstances.

In 2 incidents, unsecured slabs injure workers

648468 Ontario Inc., carrying on business as Marble Unlimited, an Ottawa, ON manufacturer of synthetic marble and natural stone countertops, was recently fined $50,000 following an incident in which a worker was pinned by a slab weighing 440 kg.

In May 2008, workers in an outdoor storage yard were moving marble and granite slabs that were leaning on "A frame" racks. As a young worker tilted one of the slabs forward so that it stood on its edge, the weight of the shifting slab caused the worker to lose balance and fall backwards. The slab, weighing 440 kilograms, fell and pinned the worker against another storage rack, breaking his arm.

648468 Ontario Inc. pleaded guilty to failing to ensure that the slabs were removed from the storage racks in a manner that did not endanger worker safety.

Saltillo Imports Inc., a Toronto, ON dealer of granite, marble and ceramic tile flooring, was fined $50,000 for a similar incident. In January 2009, workers were unloading a shipping container containing granite slabs. Wooden frames held groups of 10 250-kg slabs, standing vertically on their edges. When the workers opened one of the frames and removed a slab with a forklift, the remaining nine slabs, which were not supported or braced, tipped over and pinned one of the workers to the floor of the container.

Saltillo Imports Inc. pleaded guilty to failing to ensure that the slabs were moved, lifted or carried in such a way, and with such precautions and safeguards in place, that they would not endanger any worker.

Source files: unless otherwise indicated, Ontario Ministry of Labour

US agency levies largest fine ever

Following a 6-month inspection of a Texas refinery owned by BP Products North America Inc., the US Occupational Safety and Health Administration (OSHA) has issued US $87,430,000 in proposed penalties.

The fines result from a 2005 incident at BP’s Texas City refinery, during which a massive explosion killed 15 workers and injured 170. In a settlement with OSHA later that year, BP agreed to eliminate hazards similar to those that caused the explosion. “Instead of living up to that commitment,” said US Secretary of Labor Hilda L. Solis in a news release, “BP has allowed hundreds of potential hazards to continue unabated… Workplace safety is more than a slogan. It's the law.”

For noncompliance with the terms of the settlement, OSHA issued 270 “notifications of failure to abate.” Fines accompanying the notifications totaled $56.7 million. Each notification represents a penalty of $7,000 times 30 days, the period for which the conditions have remained unabated. OSHA also identified 439 new “willful violations” for failures to follow industry-accepted controls, with penalties totaling $30.7 million. “BP was given four years to correct the safety issues… yet OSHA has found hundreds of violations of the agreement and hundreds of new violations,” said the agency.

Worker falls 4 metres

Dashwood Industries Limited, a Goderich, ON window and door manufacturer, was fined $65,000 in October for a fall incident in which a worker injured his head and wrist.

In September 2008, a worker at the firm's Centralia facility was dismantling the roof of a sound enclosure. The enclosure had been built to mute the noise from a line of milling machines that were no longer in use. While on the roof of the enclosure, the worker unhooked himself from his lifeline. As he approached an access ladder to get down, the worker stepped on a plywood plank, which slipped off the roof. The worker fell about four metres to the ground below.

Dashwood Industries Limited pleaded guilty to failing to ensure that the plywood covering was secured in place, a violation of section 15(a) of the Industrial Establishments Regulation (O. Reg. 851).

Rope yanks worker into the air

An incident in which a temporary worker at Kraus Inc. in Waterloo, ON was injured has led to a $60,000 fine against the carpet manufacturer.

In September 2008, a worker placed with Kraus Inc. by a temporary employment agency was using rope and an overhead reel to unload carpet from a dyeing machine. The worker's ankle became tangled in the rope, and he was pulled feet first into the air towards the reel, causing an ankle injury.

A Ministry of Labour investigation found that Kraus Inc. had neither a written job procedure for the dyeing machine, nor a safe operating procedure for using the rope on the reel. Kraus Inc. pleaded guilty to failing to take every precaution reasonable in the circumstances to protect a worker, a violation of section 25(2)(h) of the Occupational Health and Safety Act.

Worker’s sleeve caught in moving parts

Xerium Canada Inc., a supplier and repairer of rolls used in paper-making machines, was fined $60,000 in October following a machine guarding incident.

In March 2008, workers at Xerium's North Bay, ON facility were repairing a machine used to mix bonding liquid. In the process, the workers cut power to the machine and removed protective guards covering the machine's drive shaft. However, when the workers failed to replace the guards before turning the machine back on, moving parts snared one worker’s sleeve.

Xerium Canada Inc. pleaded guilty to failing to ensure that the machine's driveshaft and gears were guarded to prevent access to their pinch points, a violation of O. Reg. 851, section 25.

Falls blitz finds safety shortcomings

An Alberta discount retailer Liquidation World Inc. was fined $18,000 in September for safety violations that could have led to injuries.

In September 2008, an inspector visited Liquidation World's Brantford, ON location as part of the Ministry of Labour's safety blitz on falls in industrial workplaces. While on site, the inspector found that two workers had been using an unsafe ladder. Three of its four non-slip feet were missing, and one of its cross-members was broken.

Liquidation World Inc. pleaded guilty to failing to ensure that the ladder had non-slip feet and was free from loose parts or other faults, violations of sections 73(a) and (b) of O. Reg. 851.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Worker loses control of lifting device

Millard Refrigerated Services Canada ULC, a Brampton warehousing and distribution facility, was fined $75,000 in September following an incident in which a temporary worker injured himself with a stand-up lifting device.

In March 2008, the young worker was putting stickers on boxes and manually loading them into a trailer. While a supervisor was on a break, the worker tried using a stand-up lifting device to move the boxes. As he was operating the device in reverse, the worker lost control. The device crashed through a closed loading door and fell over, pinning the worker's leg to the ground. The worker, who had received no safety training, suffered foot and ankle injuries.

The firm pleaded guilty to failing to provide information, instruction and supervision to the worker with respect to safety rules for temporary employees, as required by section 25(2)(a) of the Occupational Health and Safety Act.

Tire explodes, striking mechanic

A mechanic at Lavigne Tire Sales Limited, a Burlington, ON tire retailer and installer, received serious injuries to the head, upper body, jaw and wrist when a tire he was installing exploded.

In April 2007, the mechanic was using a tire changing machine to install the tire on a rim. The process involves expanding the tire with air until it pops into a groove on the rim. Partway through the installation, the tire exploded.

A Ministry of Labour investigation found that the air pressure pumped though the tire changing machine far exceeded the air pressure recommended by both the machine's and the tire's manufacturers.

Lavigne Tire Sales pleaded guilty to failing to ensure the manufacturer's instructions were followed, a violation of section 25(2)(h) of the Occupational Health and Safety Act (i.e., taking every precaution reasonable in the circumstances for the protection of a worker). Another employee pleaded guilty to failing, as a supervisor, to ensure the same. Fines: $70,000 and $7,500, respectively.

Dislodged items injure warehouse worker

Unsafe movement of goods resulted in injuries and a $50,000 fine for Liteline Management Company Limited in Brampton, ON.

In January 2008, a skid of cardboard fell from an industrial rack, striking a nearby worker. The falling skid pushed the worker into vacuum equipment he was using to clean products. The worker suffered fractures to the spine and shoulder, and cuts and bruises on a hand and leg.

The skid of cardboard had been inadvertently dislodged by a lift truck that was removing a skid from an adjoining rack. There were no safeguards in place to prevent material from falling into the work area.

Liteline pleaded guilty to failing to ensure that the skid was lifted, carried or moved in a way and with such precautions and safeguards that would not endanger a worker, as required by section 45(a) of the Industrial Establishments Regulation (O. Reg. 851).

Worker falls off truck as it pulls out

Bunge Canada, an Oakville, ON maker of edible oil products, was recently fined $70,000 for an incident in which a worker fell from the top of a tanker trailer.

In March 2008, a worker was on top of a tanker-trailer, at Bunge's Toronto facility filling the tanker with oil. The driver started pulling out of the loading bay while the worker was still on top, and the worker fell 3.5 meters. As the worker lay on the concrete floor, the tanker-trailer’s raised wheels ran over the worker's arm and leg, causing serious injury.

Bunge Canada pleaded guilty to failing to establish an adequate system of signals permitting tanker-trailer drivers to safely leave a loading dock, a violation of section 25(2)(h) of the Occupational Health and Safety Act.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Apprentice electrocuted

SNC-Lavalin Power Ontario Inc. was fined $300,000 in July for a violation under the Occupational Health and Safety Act that led to the death of a subcontractor’s employee.

In October 2007, the company was building an electrical plant in Toronto, and had subcontracted another firm to provide carpentry, electrical and plumbing services. An apprentice electrician employed by the subcontractor, and working with two journeyman electricians to install temporary lighting, was electrocuted after removing the inside cover panel of a live 600-volt transformer and contacting the taps within.

Investigators found that

• the electrical panel was not tagged or locked out
• there were no records of the electrical crew receiving detailed training or a copy of either company's lockout policies, although both had policies in place and SNC-Lavalin had conducted an orientation for subcontractors
• the SNC-Lavalin site-specific policy had not been fully implemented

SNC-Lavalin Power Ontario Inc. pleaded guilty to failing as a constructor to ensure that its subcontractor implemented a tag out and/or lockout procedure, as required by section 23(1)(c) of the act. Fine: $300,000.

Punch apparatus breaks

Bon Ferro Inc., a St. Catharines, ON manufacturer of metal furniture, staircases, gates and railings, was fined $90,000 following an incident in which an untrained worker miscycled a punch press.

In December 2007, a welder was setting up a punch press for a new job when a piece of the punch apparatus broke off. The shattered piece of metal hit the worker in the neck. The worker later died from his injuries.

According to a Ministry of Labour investigation, the worker had not received training for the type of press he was using that day, and cycled the press in the wrong mode.

After a trial, Bon Ferro Inc. was convicted of failing to provide information, instruction and supervision on the safe operation of the punch press, contrary to section 25(2)(a) of the act. Fine: $90,000.

Lift truck collides with worker

Ventra Group Co., a Nova Scotia manufacturer of vehicle parts carrying on business as Veltri Canada - Howard Division in Windsor, ON, was recently fined $65,000 for a lift truck incident in which a worker sustained head injuries.

In September 2007, a worker was walking to the shipping area while a lift truck operator was driving to the same area, but in a different aisle. At the intersection of the two aisles, the first worker was struck thrown about five meters by the lift truck. According to the incident investigation, there were no stop signs or other safeguards posted in that area.

Ventra Group Co. pleaded guilty to failing to ensure barriers, warning signs, or other safeguards were used where vehicle or pedestrian traffic could endanger the safety of a worker, as required by section 20 of the Industrial Establishments Regulation (O. Reg. 851). Employer fine: $65,000.

Two workers drown in confined space

The Wesbell Group of Technologies Inc., a Toronto, ON telecommunications company, has been fined $200,000 following the confined space deaths of two workers.

In June 2007, the Wesbell workers entered an underground vault in Oakville to inspect ducts and feed fibre optic cables between manholes. The vault's air was short of oxygen. The workers quickly passed out, fell into a metre of water at the bottom of the vault, and drowned.

Air quality measurements taken in the vault during the investigation showed oxygen levels as low as 9% by volume. Safe, breathable air requires a concentration of 18% to 21% oxygen. The workers had entered the vault without protective devices or ventilation measures in place.

The firm pleaded guilty to failing to ensure that a written plan had been prepared and implemented to protect the workers from confined space hazards, as required by the Construction Projects Regulation (O. Reg. 213), section 221.13(d).

In a related trial in March, Bell Canada was fined $280,000 for its role in the men's deaths. The fine was the largest issued under the Canada Labour Code for health and safety violations. Bell Canada pleaded guilty to such violations as failing to keep health and safety records and ensuring the men were properly trained to use protective equipment.

Lift truck crushes operator

Tuong Phat Supermarket, of Toronto, ON was fined $90,000 following an incident in which a lift truck operator was fatally crushed by his own vehicle.

In December 2007, a worker was using the device to move a shopping cart from the main floor to the basement storage area. The device's forks tipped backwards, causing the machine to fall, fatally crushing the worker.

Although the employer had issued verbal instructions on how to operate the vehicle, they did not cover all elements of a comprehensive safety training program. Furthermore, there were no written instructions.

The employer pleaded guilty to failing to ensure the worker was given information and instruction regarding the safe use of a lift truck, as required by section 25(2)(a) of the Occupational Health and Safety Act.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Explosion burns foundry worker

Peninsula Alloy Inc., a Stevensville, ON foundry that manufactures metal castings, was fined $70,000 in June for an incident in which a furnace operator suffered second and third degree burns on the head, back and arm.

In March 2008, the furnace operator was placing scrap metal into a furnace when the furnace exploded and splashed him with molten metal. A Ministry of Labour investigation found that the worker was wearing a face shield, gloves and work boots, but not a Kevlar fire resistant suit and spats.

The firm pleaded guilty to failing to ensure the worker was wearing appropriate apparel, or was guarded by a shield, screen or similar barrier, as required by section 84 of the Industrial Establishments Regulation (O. Reg. 851).

Reach truck operator breaks a leg

A forklift operator, who was using an electric reach truck to lift and pull cartons from storage racks, broke his leg when he trapped it between the vehicle and a rack. The June 2007 incident occurred at a Katoen Natie Canada warehouse in Corunna, ON.

According to an investigation, the worker was a certified lift truck operator, but not certified for the vehicle he was operating. He was also not being monitored by his supervisor.

The firm pleaded guilty to failing to ensure the worker was competent to operate the lifting device or was accompanied by a competent person while operating it, as required by O. Reg. 851, s. 51(2)(a). Fine: $70,000.

Reno workers exposed to asbestos

1604945 Ontario Inc., a Cambridge, ON owner of rental commercial property, was fined $60,000 in June after workers were put in danger of asbestos inhalation. A company director was also fined $10,000.

In June 2007, while the company was renovating its building in nearby Kitchener, the Ministry of Labour received a complaint that workers were not aware they were handling asbestos. An investigator requested an asbestos survey after observing mechanical insulation that appeared compromised and disturbed. The company could not produce a survey because it had failed to conduct one, as required by section 30 (1) of the Occupational Health and Safety Act (OHSA). Tests confirmed that the mechanical insulation and dust contained asbestos.

1604945 Ontario Inc. pleaded guilty under the act to failing to determine whether any designated substances were present at the project site, and failing to prepare a list of all designated substances present before the beginning of a project. The company director pleaded guilty to failing to take all reasonable care to ensure the company complied with the act and its regulations.

Suspended load slips, crushing worker’s arm

Central Machine and Marine Inc., a Sarnia, ON machine shop specializing in large marine repairs, was fined $65,000 after an incident in which a worker was seriously injured.

In January 2008, two workers were taking apart a harmonic engine balancer, consisting of three rings on a centre core. Some bolts had already been removed from the engine balancer, which was suspended from its core by an overhead crane. While the workers were under the raised load, one was removing another bolt when the top and middle rings slid away from the core and onto the worker's arm, severely crushing it against the bottom ring and a piece of lumber.

Central Machine and Marine Inc. pleaded guilty to failing to ensure the engine balancer was securely and solidly blocked, a violation of O. Reg. 851, s. 74.

Maintenance worker falls 16 metres

Durez Canada Company Limited, a Toronto, ON manufacturer of resins and plastics, was fined $70,000 for violations under the Occupational Health and Safety Act after a worker was seriously injured. A company supervisor was also fined $3,000.

In October 2006, a worker was on the roof of the company's plant in Fort Erie, performing maintenance on lines and equipment used to move steam in the plant. One part of the equipment lay outside the guardrails around the roof. The worker stepped outside the guardrail to perform maintenance tasks and fell almost 16 metres, landing on metal barrels. The worker sustained serious head, arm, leg and hand injuries.

An investigation found that

• proper fall protection measures and procedures had not been carried out
• the worker had not been provided with training and supervision to work safely on a demister pot
• the company had not provided the worker with a safe work procedure to use when working with the demister pot
• a supervisor had failed to ensure the worker used the required protective devices, measures and procedures

After a trial, Durez Canada Company Limited was found guilty of failing to

• ensure the worker was provided with adequate fall protection in the circumstances (O. Reg. 851, s. 85)
• provide instruction, information and supervision to protect the health and safety of the worker (OHSA, s. 25(2)(a))

The supervisor was found guilty of failing to ensure the worker used appropriate fall protection devices, measures, and procedures (O. Reg. 851, s. 85).

Source files: unless otherwise indicated, Ontario Ministry of Labour

Worker crushed during truck repair

TDL Spring & Suspension Specialists Inc., an Ottawa, ON company that repairs trucks and buses, was fined $120,000 in May for violations under the Occupational Health and Safety Act that contributed to a worker’s fatal injuries.

In June 2007, a TDL employee was repairing the valve stem on the rear tire of a recycling truck. A side bin on the truck had been raised to allow work on the tire, but was not braced to prevent movement. When the side bin unexpectedly released, it came down and trapped the worker between the bin and the tire. The worker sustained fatal crushing injuries and died en route to hospital.

A Ministry of Labour investigation found that the employer had failed to ensure the elevated side bin was blocked or braced to prevent subsequent movement. The recycling bin was equipped with blocking pins to prevent the bin from falling, but these were not used, and the employer did not have proper tools to block or support the bin.

Hoist collapses during dismantling

United Hoist Equipment Ltd., a Bolton, ON company that sells, services and rents personnel hoists, was fined $65,000 in May following an incident involving an improperly installed hoist. During the incident, a worker was critically injured.

In December 2007, workers for United Hoist Equipment Ltd. were dismantling a 31-metre high hoist on the exterior of a 7-storey building. Workers had removed a number of sections of the hoist with a crane and had lowered the hoist cage to the fourth level of the building. A worker was on top of the cage removing tie-ins which secured the hoist to the building. As he removed the last tie-in, the hoist toppled, throwing him 9 metres to the ground. The worker suffered serious injury, including internal injuries and injuries to the spine, pelvis, head and face.

An investigation revealed improper installation of the base of the hoist, including inadequate spacing of anchor bolts, unsuitable bolts, and the installation of a replacement part for the foundation frame that did not have the same safety factor as the part being replaced.

Worker slips from truck-top perch

The Corporation of the Township of Laurentian Valley, carrying on business as the Ottawa Valley Waste Management Board, was fined $75,000 in May after a worker fell from a waste collection truck.

In August 2007, workers at Algonquin Provincial Park were emptying buried waste collection containers. The containers consist of a solid top and sides with a flexible bag underground that is opened using a drawstring. To empty a container, workers lift the bag out of the ground with a crane and swivel it over a truck-mounted collection bin. After workers open the bag's drawstring, waste falls into the bin, and the bag is returned to the ground.

On this day, the drawstring of one of the waste bags would not open, so a worker climbed into the truck-mounted collection bin to manually open the bag. The worker did not use the catwalk mounted on the back of the truck, and while on top of the truck slipped and fell 3.5 metres onto pavement. The worker sustained serious injuries.

Forklift and driver fall

Asia Pulp & Paper (Canada) Ltd., a Toronto, ON manufacturer of pulp and paper products, was fined $60,000 in June for an incident in which a forklift driver and his vehicle fell off a loading bay.

In November 2007, a worker was loading skids onto a truck parked at a loading bay at the company's Brampton, ON facility. While the worker was on a forklift inside the truck, the truck rolled forward about five meters from the loading bay. The worker reversed off the truck and fell, with the forklift, to the ground below. The wheels of the truck had not been chocked to prevent it from rolling.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Truck rolls off hoist rails

Southern Sanitation Inc., a Toronto garbage hauling firm conducting business as Wasteco, was fined $85,000 in April for an incident in which a worker was killed.

In November 2007, a truck mechanic working alone at the company garage was crushed between the rails and frame of a roll-off truck he was working on.

Although the company had written instructions for blocking the hoist rails of this type of truck when the rails are in the raised position, the mechanic had not followed the procedure.

The firm pleaded guilty under the Occupational Health and Safety Act of failing as an employer to provide information, instruction and supervision to protect the health and safety of a worker. Fine: $85,000.

Lift truck loses part of load

Brewers Retail Inc. (aka The Beer Store) was fined $50,000 in May for a near miss involving a lift truck.

In April 2007, at the company's product distribution centre in Stoney Creek, a lift truck operator was removing a pallet of beer cases from a storage rack. After the pallet knocked against part of the rack, the worker tried unsuccessfully to stabilize it. Several cases of beer fell and landed on the lift truck. The worker was able to jump away, unharmed.

Brewers Retail Inc. pleaded guilty to failing to ensure that materials were removed from a storage rack in a way that would not endanger worker safety, as required by section 45(c) of the Occupational Health and Safety Act’s Industrial Establishments Regulation (O. Reg. 851).

Worker pulled into extruder rollers

Paint manufacturer Sherwin-Williams Canada Inc. was fined $60,000 in May for a machine guarding incident.

In December 2007, the hand and forearm of a worker at Sherwin-Williams' plant in Grimsby, ON became caught in the pinch point between two rollers of a paint extruder machine while he was trying to remove paint stuck to the rollers. The worker had put his hand through a 20 x 23 cm hole in the centre of a grate, which should have prevented access to the pinch point. As a result of being pulled into the machine, the worker suffered serious injuries to his forearm.

The firm was found guilty under of failing to ensure that the in-running nip hazard on the roller machine was equipped with and guarded by a device to prevent access to the pinch point, as required by section 25 of O. Reg. 851.

Worker dies in circumstances known to be hazardous

A worker at Booth Centennial Healthcare Linen Services in Mississauga, ON died from injuries sustained in circumstances previously identified as hazardous by a pre-start health and safety review. The incident occurred in April 2007, when the worker became trapped between the chute and the door opening of one of the facility’s washer extractors.

In November 2006, the Ministry of Labour had conducted a health and safety audit of the company's plant, and ordered Booth Centennial to perform an engineering review of some of its equipment.

In response, the company hired a consulting firm to prepare a health and safety review of various equipment. On December 4, 2006, an engineer examined the equipment and recommended modifications. Booth Centennial made the modifications on December 12.

The same day, the firm received a copy of the health and safety review. The review noted the chutes of some washer extractors could possibly trap an employee. However, Booth Centennial neither provided a copy of the safety review to its joint health and safety committee, nor alerted workers to the potential hazards of the machine through signage or a written policy.

Booth Centennial Healthcare Linen Services pleaded guilty and was fined

• $60,000 for failing to acquaint the worker with the hazards associated with the use of washer extractor, as required by section 25(2)(d) of the Occupational Health and Safety Act
• $30,000 for failing to provide a copy of the pre-start health and safety review to the joint health and safety committee, as required by section 7(14) of O. Reg. 851.

Worker falls from ladder

Guess? Canada Corporation, a national clothing and accessories retailer, was fined $50,000 in May after a worker was seriously injured in a storage room.

In October 2007, a worker at a Guess? outlet in Toronto, ON was standing on a 2.4 metre A-frame ladder in the storage room, attempting to return a box to the top shelf. The ladder gave way and the worker fell to the floor, losing consciousness and sustaining back injuries.

A Ministry of Labour investigation found that the ladder was too wide for the storage room. This prevented the worker from fully opening the ladder and locking it into place to prevent it from collapsing.

Guess? Canada Corporation pleaded guilty to failing to ensure that the worker could safely carry, move and lift store merchandise, contrary to section 45(a) of O. Reg. 851.

For helpful safety tips, see “Ladder safety for DIYers” elsewhere in this issue.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Unsecured box fractures worker’s arm

Strongco Limited Partnership, a Burlington, ON company that sells, rents and services mobile industrial equipment, was recently fined $50,000 after a worker injured his arm.

In February 2007, a crane was lifting a 640-kg steel torsion box onto the chassis of a truck. The worker was steadying the moving box when it pushed his arm against another piece of equipment, causing a fracture. An investigation found that no guide ropes were used to prevent the box from rotating while it was being lifted.

Strongco Limited Partnership pleaded guilty to violating section 51(2)(b)(ii) of the Occupational Health and Safety Act’s Industrial Establishments Regulation (O. Reg. 851). The section requires that guide ropes be used where a worker may be endangered by the rotation or uncontrolled motion of a load.

Worker falls head first onto concrete floor

Following an incident in which a worker sustained serious head injuries, 1533354 Ontario Ltd., carrying on business as Stayana International Trading, a Toronto company that shreds plastic materials for recycling, was fined $60,000. A sales manager was also fined $5,000 for a violation under the Act.
 
In August 2007, the worker fell from a 1.9-metre high platform to the concrete floor below. According to an investigation, the platform lacked a guardrail. The Ministry of Labour issued a stop work order on August 30, 2007, and attached a stop work tag to the main controls of the plastic grinder beside the platform.
 
In September 2007, a ministry inspector went to the facility to verify that the company had completed compliance measures. Upon arrival, the inspector saw the stop work tag on the grinder had been removed and reattached. A worker stated that the sales manager had removed the tag and authorized use of the grinder, but shortly afterwards, an owner of the company shut down the line and told workers they were not yet allowed to use the machine. When questioned by the inspector, the sales manager falsely denied removing the tag and authorizing use of the grinder.

Stayana International Trading pleaded guilty to failing to ensure there was a guardrail on the open sides of the platform beside the grinder, as required by section 13(1)(b)(i) of O. Reg. 851. The sales manager pleaded guilty to knowingly furnishing an inspector with false information, contrary to section 62(3)(a) of the Occupational Health and Safety Act.

Worker fatally pinned by sheets of glass

Highrise Window Technologies Inc., a Concord, ON firm that makes windows for high rise buildings, was fined $160,000 after a worker was killed while moving sheets of glass. 

In September 2007, the worker was cutting, loading onto a cart, and moving cut glass from a cutting machine to a washing machine. The cart tipped after stress from overloading caused a castor to sheer off. Falling glass pinned the worker against the cutting machine.

Highrise Window Technologies Inc. pleaded guilty to failing to ensure the glass was moved in a way that would not endanger the worker, as required by section 45(b) of O. Reg. 851. The section states that material, articles or things… shall be transported, placed or stored so that the they will not tip, collapse or fall, and can be removed or withdrawn without endangering the safety of any worker.

Arc flash burns electrician

Domtar Inc., a Montreal, PQ company that makes pulp, paper, and wood products at facilities across Canada and the United States, was fined $87,000 for a violation under the Occupational Health and Safety Act, after a worker was injured.

In March 2007, at the company's facility in White River, an electrician was conducting maintenance work on a machine when an arc flash burned his face and one hand. At the time, the worker had been testing the voltage inside the machine’s electrical panel. He was not wearing rubber gloves or a shield.

Domtar Inc. pleaded guilty to failing to ensure the worker used protective equipment and procedures adequate for protection against electrical shock and burns, as required by section 42.1(2) of O. Reg. 851, which requires that workers ensure the power supply to electrical installations, equipment or conductors is disconnected, locked out and tagged before any work is done, and while it is being done, on or near live exposed parts of the installations, equipment or conductors. Fine: $87,000.

Steel coil crushes worker’s leg

ArcelorMittal Tubular Products Canada Inc. was recently fined $110,000 after a worker was seriously injured while moving steel coils.

In December 2007, a worker at the company's Brampton, ON facilities was using a lift truck to move the coils from a cradle. While the worker was outside the truck retrieving safety upright bars for the cradle, a 2.7 metric ton coil tipped onto the worker's leg. As a result of injuries, his leg was later amputated below the knee.

The firm pleaded guilty under the Occupational Health and Safety Act to failing to ensure material that is stored will not tip, collapse or fall, and can be removed or withdrawn without endangering the safety of a worker, as per section 45(b) of O. Reg. 851.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Squeaky roller grabs worker’s hand

Lakeport Brewing GP Inc., a beer producer in Hamilton, ON, was recently fined $50,000 following an incident in which a line mechanic’s hand and arm were pulled between a conveyor and a roller.

The worker was crouching under the moving conveyer to spray lubricant on the roller when his hand became caught. He suffered crushing injuries to the hand and a broken arm. The conveyer was not guarded to prevent access to the pinch point between the moving roller and conveyer belt.

Lakeport Brewing GP Inc. pleaded guilty to failing to ensure that the equipment, materials and protective devices prescribed by section 25 of O. Reg. 851 were provided.

Workplace had no JHSC

TDL Group Corp. of Oakville, ON has been fined $70,000 for failing to have a joint health and safety committee in place at its Oakville warehouse. The company operates the Tim Hortons restaurant chain. A Ministry of Labour inspector discovered the violation while investigating an injury at the warehouse.

TDL Group Corp. pleaded guilty to failing to establish and maintain a joint health and safety committee at the workplace, as required by section 9 of the Occupational Health and Safety Act. Fine: $70,000.

Crane topples, killing operator

Port Weller Drydocks, a now-bankrupt St. Catharines, ON firm that built and repaired ships, has been fined $175,000 following the death of a crane operator.

In March 2007, the crane operator was loading a partially completed ship's hull onto another ship when the crane toppled, crushing its cab against the concrete wall of a drydock. The crane operator died from injuries sustained in the incident.

A Ministry of Labour investigation found that the crane was overloaded at a certain load radius point. The crane was equipped with a load status indicator to warn operators if the load radius rating of the crane was exceeded. However, the investigation found that there were no records of any calibration test being performed on the indicator for 17 months before the incident. The crane’s operations manual recommends re-calibrating the indicator every 6 months.

Port Weller Drydocks pleaded guilty under section 25(1)(b) of the Occupational Health and Safety Act of failing to ensure that the crane’s load radius indicator was maintained in good condition.

Young worker struck by steel bundle

Atlas Tube Inc., a Harrow, ON company that manufactures structural steel tubes, was fined $90,000 for violations under the Occupational Health and Safety Act after a worker was critically injured.

In September 2006, a young temporary worker opened a warehouse perimeter gate, entered a cross-transfer area, and was struck by a 4,300-kg bundle of steel travelling on a conveyor line. The bundle of steel pinned the worker against a conveyor roller, causing serious internal and mid-body injuries.

A Ministry of Labour investigation found that Atlas Tube Inc. had failed to ensure that a perimeter gate was locked, and that a warning sign was posted at or near the perimeter gate. Atlas Tube Inc. pleaded guilty to violating section 25(2)(h) of the act: failing to take every precaution reasonable in the circumstances for the protection of a worker in the workplace.

Silent treatment backfires

The manager of Fort Albany Northern Store in Fort Albany, ON, has been fined $5,000 for obstructing a Ministry of Labour health and safety inspector.

During a routine inspection of the store in February 2008, the manager refused to cooperate or speak to the inspector. The manager was found guilty of hindering, obstructing, molesting or interfering with an inspector in performance of his duty, contrary to section 62 of the Occupational Health and Safety Act.

Source files: unless otherwise indicated, Ontario Ministry of Labour

Machine part strikes mechanic on the head

Vehicle parts manufacturer Dana Canada Corporation was recently found guilty and fined $80,000 for an incident in which a worker suffered head injuries.

In February 2006, an industrial mechanic at the Dana frame plant in Thorold, ON was repairing a shear, used to cut sheets of metal. After performing maintenance work on the machine, workers turned it back on and removed steel blocks that were preventing a beam holding the shear’s top blade from moving. At the time, the mechanic was in a pit under the machine, calibrating the clearance between the blades. When a ram attached to the beam broke, the beam fell about 15 centimetres and hit the mechanic on the head.

Dana Canada Corporation was fined $80,000 for failing to ensure that the measures and procedures prescribed by section 75(b) of the Regulations for Industrial Establishments (O. Reg. 851) were carried out. The section states that work on a machine may be performed only when “any part that has been stopped and that may subsequently move and endanger a worker has been blocked to prevent its movement.”

Operator fractures leg when vehicle tips

A worker at a TSC Stores GP Inc. outlet in Owen Sound, ON fractured his leg at the end of his shift when the utility vehicle he was returning to a locked area tipped over and skidded. The mishap occurred while the vehicle was rounding a corner at high speed. A passenger was not harmed.

According to a Ministry of Labour inspection, the employer had not provided adequate information and instructions to the worker on how to operate the vehicle.

TSC Stores GP Inc., a retailer of farm supplies and hardware, pleaded guilty to failing to ensure that mobile equipment was operated by a competent person, as prescribed by section 54(1)(d) of O. Reg. 851. Employer fine: $75,000.

Dough rollers severely injure worker’s hand

A worker operating a tortilla chip sheeter at a Solis Mexican Foods Inc. plant in St. Marys, ON suffered severe hand injuries while trying to remove dough accumulating under the machine’s rollers while the machine was still running. The machine lacked a guard to prevent access to its moving parts.

The company pleaded guilty to failing to ensure that the machine guarding measures and procedures prescribed by section 24 of O. Reg. 851 were carried out. Fine: $60,000.

High winds topple scissor lift

Martinrea International Inc., a multi-national automotive and industrial parts manufacturer, was fined $250,000 after a worker died in an industrial incident.

In April 2007, an employee at M.J. Manufacturing, a Martinrea division in Markham, ON, was using a scissor lift to repair 9.1-metre outdoor light poles. A thunderstorm with wind gusts had been predicted for that day. Despite warnings posted on the scissor lift and in its operator manual against use in high winds, the worker standing on its work platform was using the lift at a height of approximately seven metres when the storm arrived, accompanied by gusts of high wind. The lift was toppled by the wind, throwing the operator to the ground. The worker died in hospital the next day.

A Ministry of Labour investigation found no evidence that the worker had been trained in the safe operation of the scissor lift, nor that the company had written procedures in place. Martinrea International Inc. pleaded guilty to failing to provide information, instruction and supervision to a worker for safely operating a scissor lift, contrary to section 25(2)(a) of the Occupational Health and Safety Act.

Worker falls from platform

Brant Corrosion Control Inc., a company located in County of Brant, ON, was fined $60,000 for violations under the Occupational Health and Safety Act after a worker injured his legs in a fall. Two supervisors were also fined.

In September 2005, a worker was sandblasting the inside of a large tank with steel shot. While working from a platform, the worker fell two metres to the bottom of the tank. The platform was not equipped with a guardrail. Furthermore, Brant Corrosion Control had not adequately trained or supervised the worker to work safely at a height inside tanks.

After a trial, Brant Corrosion Control was found guilty of failing to ensure that the open side of a platform was equipped with a guardrail. The company was also found guilty of failing to provide information, instruction and supervision to a worker to protect his or her health and safety while working at height inside tanks. The two supervisors were convicted of failing to ensure that the platform used by the injured worker was equipped with a guardrail.

The company was fined $10,000 for the first offence and $50,000 for the second. The two supervisors were fined $5,000 each for their convictions.

Source files: unless otherwise indicated, Ontario Ministry of Labour

1,100-kg steel door tips

Young worker crushed. Employer fine: $100,000

L.P. Custom Machining Ltd., a Stoney Creek, ON machine shop specializing in large custom parts for turbines, locomotives and steel and paper mills, has been fined $100,000 for an incident involving a young worker.

In August 2007, workers were moving 1100-kg turbine doors with a ceiling-mounted crane. After the crane operator lowered a door to its edge on the floor, the crane operator and the 16-year-old worker, Eric Olivieri, unhooked the rigging assembly from the shackles attached to the door. As the rigging system was lifted away from the door, the door tipped over and pinned the young worker to the floor, causing severe injuries, including several broken bones. Since then, Olivieri has undergone three surgeries, and continues to receive physiotherapy three times a week.

A Ministry of Labour investigation found that there were no braces or supports in place to hold the doors in position. L.P. Custom Machining Ltd. pleaded guilty to failing to ensure that material being moved or stored was done so in such a way that it would not tip or fall, a violation of section 45(b) of the Industrial Establishments Regulation (O Reg. 851). Fine: $100,000.

Read Eric Olivieri’s victim impact statement:

The following statement was submitted to the court during the prosecution of L.P. Custom Machining Ltd. It was later published on the Hamilton Spectator website.

On August 13, 2007 my life was completely changed as a result of an event that happened at my summer job. I walked out of my house that morning not knowing that one month later I would be pushed back into my house in a wheelchair. Since that date my life has not been the same and I am not sure that it ever will be.
 
I spent an agonizing month in the hospital where I was unable to do anything for myself. I was afraid to sleep because of the nightmares that I experienced in which I relieved the incident over and over again. I listened to doctors, nurses, occupational and physical therapists tell me all the limitations that I would have placed on my life at the age of 16.

I have had 3 surgeries and have been told there are knee replacements in the future. I will also be having another surgery this coming year. I am tired of being in the hospital, being poked and prodded, having to be dependent for everyone else to do things for me.

Every day I get up I am reminded of what happened to me when I am met with the searing pain in my knee as I try to get out of bed. I see all the scars on my body and feel like Frankenstein. I am self-conscious to wear shorts, sleeveless tops and a bathing suit. I will forever be reminded of August 13, 2007 because of the scars and limitations on my body.
 
I have lost an important part of my teenage years to this incident. I should be driving by now but I am still dependent on my parents and friends to take me where I need to go. On my lunch hours I don’t hang out with friends like I used to do before because now I have physiotherapy 3 times per week. I can’t play hockey anymore or any of the other sports that I loved to do. I can only hope that in future I will one day be able to do these things. For someone like me who is totally competitive, the thought of having to do things I was once the best at just average is very disheartening. I have had to adapt the way I do everything because of my knee. I cannot kneel down anymore, I go down the stairs hopping on my good leg and I always have to sit in the front seat of the car because my knee won’t bend enough to allow me to get into the backseat of a car. I have lost significant range of motion in my left knee. Unfortunately, I will probably have another surgery to look forward to this year that will attempt to rip up the scar tissue that has formed in my knee and leave me once again dependent on everyone else. As soon as I get a little mobility I feel like it is instantly taken away from me with another surgery.

Instead of heading off to college this year I had to go back for another year of high school. All my physiotherapy and potential surgeries would have made college impossible this year. I have made my applications to colleges but am not sure whether or not I will be able to do what I really want to do in life, to become a paramedic. I have listened to doctors and specialists tell me that I will never run again, I will always walk with a limp and that I had better get used to a desk job for the rest of my life. All of this has mentally crippled me at times. Fortunately, I am surrounded by family and friends who will not allow me to give up and set limitations on myself. Every time I am told I won’t do something I tell myself that I will do it and prove that person wrong. I am tired of being treated as a statistic and not as an individual.
 
I think that what is most disturbing to me is that I do not know how this incident will impact my life in the future. I do not know the full extent of the side effects of all the x-rays, cat scans and MRIs that I have had done. I also wonder whether or not I will be able to do a job in life that is meaningful to me. I worry about having a family one day and the effect my injuries will have on my family and whether or not one day I will be able to do all the things with my children that I have always wanted to do. For the rest of my life I will be affected by the events that occurred on August 13th, 2007. On that day life as I knew it was forever changed.

Learn more about young worker experiences and the stories behind the headlines

At Health & Safety Canada 2009, IAPA’s national conference and trade show, attend

• Youth Health and Safety Forum, in which two schools from a provincial competition will perform multimedia drama productions promoting OHS among young workers (Apr. 20, 21, 9:30 a.m.)

• Breaking Through Complacency with the Face Behind Workplace Injury Statistics, a conference session led by Threads of Life, a not-for-profit organization dedicated to helping Canadian families affected by workplace tragedy (Apr. 20, 9:30 a.m.)

Hopper left unguarded

Ferrero Canada Limited recently pleaded guilty and was fined $65,000 following a June 2007 incident at the company's Brantford, ON facility.

While trying to clear a jam in a hopper used to bag cocoa, a worker's hand came into contact with a moving auger. The opening lacked a guard that could have prevented access to the pinch point in the machine.

Ferrero Canada Limited was fined for failing to ensure that the machine was guarded to prevent access to the pinch point, as required by section 25 of the Industrial Establishments Regulation (O Reg. 851).

Steam and water escape from valve

In September 2005, at a Petro-Canada's lubrication refinery in Mississauga, ON, two employees were working near the overflow valve on a lime softener tank. When the locking pin was removed from the valve, the steam and water that escaped burned one of the workers severely.

In a recent trial, Petro-Canada was found guilty and fined $150,000 for 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.

Forklift collides with steel post

Millard Refrigerated Services-Canada, ULC pleaded guilty and was fined $70,000 for an injury involving a temporary help worker.

In August 2007, at the firm's bulk refrigeration warehouse in Brampton, the temporary worker was driving a "stand up" forklift and collided with a concrete-filled steel post. The worker suffered fractures to one leg, which required surgery.

Millard Refrigerated Services-Canada, ULC was fined for failing to provide information, instruction and supervision to a worker to protect the health and safety of that worker. This was contrary to section 25(2)(a) of the Occupational Health and Safety Act.

Steel bars slip from rigging

Canada Steel Service Centre Inc. pleaded guilty and was fined $92,500 after a young worker was seriously injured in the firm’s London, ON warehouse.

In April 2007, a young worker at the warehouse, who had been on the job for less than three months, was moving two bundles of steel round bars weighing approximately 3600 kg with an overhead crane operated by a hand-held control from the ground. The rigging of the hoisting chains affixed by the worker to lift and move the bundles was improper and unsafe, and the steel consequently slipped out of the rigging. The worker, who had not been formally trained in crane operation, was unable to move out of the way because of beams stored on the floor in this area. He sustained serious foot, lung, leg, arm and back injuries, and later had to have a foot amputated.

The firm was fined $92,500 for failing to provide information, instruction and supervision to a worker about how to safely operate an overhead crane to lift bundles of round bars, and failing to provide information, instruction and supervision about safe rigging procedures for using an overhead crane before permitting the worker to lift bundles of round bars with the crane. This was contrary to section 25(2)(a) of the Occupational Health and Safety Act.

Source files: unless otherwise indicated, Ontario Ministry of Labour

750 kg steel column falls on worker

Etobicoke Ironworks Limited recently pleaded guilty and was fined $82,000 after a September 2006 incident in which an employee lost a leg at its Etobicoke, ON facility.

Two columns fell, one striking the worker’s leg, after he cut restraining straps on a bundle of columns. As a result of complications from his injuries, the worker's leg was amputated.

Etobicoke Ironworks Limited was fined for failing to ensure that material being removed from a pile or rack did not endanger the safety of any worker, as prescribed by section 45(c) of the Industrial Establishments Regulation (O Reg. 851): “Material, articles or things… to be removed from a storage area, pile or rack, shall be removed in a manner that will not endanger the safety of any worker.”

Press crushes temp worker

Cam Tool & Die Ltd., a Newmarket, ON automotive stamping plant, pleaded guilty and was fined $120,000 after the death of a temporary worker employed by Toronto Personnel Inc., conducts business as Winters Technical Staffing. The placement firm also pleaded guilty, and was fined $40,000.

In November 2006, Toronto Personnel Inc. sent a general labourer to Cam Tool & Die Ltd. to work on a power press. While the worker was between the machine's safety sensor and its pressing mechanism, another worker activated the machine. The press cycled, crushing the temporary worker to death.

Both firms were convicted of failing to provide information, instruction, and supervision to a worker to protect the health or safety of the worker, contrary to paragraph 25(2)(a) of the Occupational Health and Safety Act.

Temp worker falls from racking system

Ganz, a company that distributes stuffed novelties for carnivals and the toy industry, pleaded guilty and was fined $250,000 after the death of a temporary worker in its Woodbridge, ON warehouse.

The incident occurred in September 2007, as a worker provided by Toronto, ON temporary employment agency A+ Staffing was stacking boxes on a racking system. The worker, standing on wooden skids 3.9 metres above the warehouse floor, fell and died from his injuries.

Ganz, a partnership of S.H. Ganz Holdings Inc. and 816877 Ontario Limited, was fined $250,000 for failing to ensure that a worker exposed to the hazard of falling more than three metres was wearing a safety belt or harness, as required by section 85 of the Industrial Establishments Regulation (O Reg. 851).

The owner of A+ Staffing pleaded guilty and was fined $20,000 for failing to provide information, instruction and supervision to a worker to protect the worker's health and safety, specifically relating to safe material handling and stacking procedures including how to safely place and remove material from racks.

Diving operation unsafe; supervisor lies

R.M. Belanger Limited, a construction company, pleaded guilty and was fined $25,000 in relation to an unsafe diving operation.

In June 2006, an excavator belonging to construction firm R.M. Belanger Limited slipped into the water off a barge at a project on the Little Current Channel in Little Current, ON. The company hired a diver to recover the vehicle but failed to notify the Ministry of Labour of this operation.

A ministry investigation found that the company had not ensured a two-way communication system was in place at the diving site and that workers who could fall into the channel wore life jackets. R.M. Belanger was fined $5,000 and $20,000 for failing as an employer to ensure measures and procedures prescribed by sections 5 and 19(3)(c), respectively, of Ontario Regulation 629/94 (Diving Operations) were carried out at a diving operation.

A supervisor also pleaded guilty and was fined $4,000 for obstructing an inspector by providing false information during the investigation. The supervisor was fined $4,000 for knowingly furnishing false information, contrary to section 62(3) of the Occupational Health and Safety Act.

Conveyor catches worker’s arm

A worker at Waste Management of Canada Corporation’s Trenton facility suffered a fractured arm after it became caught in a conveyor. The machine had not been locked out, and lacked a guard to prevent access to internal moving parts. The worker had been cleaning the conveyor when another worker turned it on.

Waste Management of Canada Corporation was fined $85,000 for 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 and guarded by a guard or other device that prevents access to the pinch point. This was contrary to section 25 of the Industrial Establishments Regulation (O Reg. 851).

Source files: unless otherwise indicated, Ontario Ministry of Labour