Worker injured while trying to fix a machine used to make aluminium window jambs
Ontario employer Alugard Ltd. has been fined $100,000 after one of its workers was injured in the workplace.
Following a guilty plea in the Provincial Offences Court in Mississauga, the employer was also ordered to pay a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
The incident occurred on Oct. 3, 2022, in Mississauga.
On that day, a worker was troubleshooting a malfunctioning pro-line door jamb processing centre, which is used to fabricate aluminium into window jambs.
The machine was in automatic mode with its safety disabled and moving parts unblocked.
To fix the problem, the worker leaned into the cutting area of the machine and used compressed air to clear debris. This removed an obstruction from a sensor, triggering the machine to activate.
However, the machine’s carriage suddenly started to move, injuring the worker.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that the employer failed to ensure proper lockout and blocking procedures were followed during maintenance. The employer also tampered with the machine’s safety device after the incident and failed to comply with ministry orders to submit a written notice of the incident, according to the Ontario government.
“The employer failed to ensure that precautions were taken to prevent a machine from starting and endangering a worker while the machine was undergoing maintenance. This contravened section 76 of Ontario Regulation 851/90, contrary to sections 25(1)(c) of the Occupational Health and Safety Act,” said the government. “The employer also obstructed the investigation into the incident, contrary to section 62(1) and failed to comply with an order to submit a written notice of the incident, contrary to section 66(1)(b) of the Act.”
Section 76 of the Ontario Regulation states: Where the starting of a machine, transmission machinery, device or thing may endanger the safety of a worker,
(a) control switches or other control mechanisms shall be locked out; and
(b) other effective precautions necessary to prevent any starting shall be taken.
Meanwhile, Section 25(1)(c) states: An employer shall ensure that the measures and procedures prescribed are carried out in the workplace.
Section 62(1) of the Act reads: No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act or the regulations or in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.
Also, Section (66)(1)(b) states: Every person who contravenes or fails to comply with is guilty of an offence and on conviction is liable to a fine of not more than $500,000 or to imprisonment for a term of not more than twelve months, or to both.
