Machine ‘was not powered off or locked out at the time the worker was inside of it’
An Ontario automotive mould manufacturer has been fined $185,000 after a worker was fatally injured while repairing a computer numerical control (CNC) machine that had not been properly locked out.
Integrity Tool and Mold Inc., based in Oldcastle, Ontario, was convicted in the Ontario Provincial Offences Court in Windsor in connection with the incident. The court heard that the fatality took place at the company’s manufacturing facility on Devon Drive in Windsor.
The incident occurred on August 12, 2024, and involved a worker performing repair work on a CNC machine used in the production of moulds for the automotive industry. The conviction was registered on March 6, 2026, following the conclusion of the investigation and court proceedings.
Ministry findings on the fatal incident
According to a news release from the Ministry of Labour, Immigration, Training and Skills Development, the worker was repairing a CNC machine “which is an automated tool controlled by pre-programmed software to precisely cut, shape and drill materials like metal, wood and plastic” when the incident happened. At the time, “the machine was operating in manual mode and cycling through tool changes.”
The ministry reported that the worker then initiated a program that caused the machine to operate in automatic mode. While the machine was running automatically, the worker entered the machine enclosure to conduct the repair and sustained fatal injuries.
A Ministry of Labour, Immigration, Training and Skills Development investigation found the CNC machine “was not powered off or locked out at the time the worker was inside of it.” Investigators also determined the worker had not received proper lockout training and had not been provided with locks for the machine. The electrical lockout points were mislabeled and there was no lockout placard present.
Legal findings and penalties
The ministry concluded that Integrity Tool and Mold Inc., as an employer, failed “to ensure that the measures and procedures prescribed by section 75 of the Regulation for Industrial Establishments were carried out at the workplace contrary to section 25(1)(c) of the Occupational Health and Safety Act.” This constituted an offence under section 66(1) of the Act.
Section 25(1)(c) of Ontario’s Occupational Health and Safety Act states that an employer shall ensure that the measures and procedures prescribed are carried out in the workplace.
Section 25(1) lists basic employer duties. Clause (c) makes it clear that it’s not enough to just have policies or know what the regulations require; the employer must make sure that all legally prescribed health and safety measures and procedures (for example, those in the Regulation for Industrial Establishments) are actually implemented and followed in the workplace.
Following a guilty plea, Her Worship Sharon Murphy imposed a fine of $185,000 on the company in Ontario Provincial Offences Court in Windsor. Crown counsel in the case was Judy L. Chan.
In addition to the fine, the court ordered a 25 per cent victim fine surcharge under the Provincial Offences Act. The surcharge is credited to a provincial government fund that assists victims of crime.
