‘The worker requested training for the new role, which involved handling hazardous products, but no training was provided’
A Niagara-on-the-Lake aviation parts manufacturer has been fined $60,000 after a worker was seriously injured by a pressurized container of hazardous paint that had been improperly stored, the Ontario government says.
Genaire Limited – located at 468 Niagara Stone Road, Unit D, Niagara-on-the-Lake – pleaded guilty in the Ontario Provincial Offences Court in Welland to failing, as an employer, to ensure that prescribed measures and procedures were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
The court also imposed 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.
Details of the incident
The charge arose from a July 17, 2023, incident at a workplace at 420 King Street, Niagara-on-the-Lake.
According to the Ministry of Labour, Immigration, Training and Skills Development, a worker was injured while “attempting to reopen a container of hazardous paint that had been improperly stored.”
The worker – who normally assisted with production duties – was asked to assume painting duties involving hazardous products. “The worker requested training for the new role, which involved handling hazardous products, but no training was provided,” the Ontario government said.
On July 14, 2023, the worker began painting using a hazardous paint mixture provided by a colleague and “was unaware of the safety requirements for its use and storage.” At the end of the workday, the worker placed the lid back on the container and left it in the paint booth, intending to reuse the mixture when the job resumed.
When the worker attempted to reopen the sealed container on July 17, pressure that had built up inside caused the lid to fly off towards the worker, resulting in serious injury.
Ontario Regulation 860 requires that such hazardous mixtures be used within four hours and that any leftover product be disposed of safely. The worker “was unaware of this requirement due to lack of training,” the ministry noted.
A Ministry of Labour investigation found that Genaire Limited “failed to ensure that the measures and procedures prescribed by section 7(1)(c) of Ontario Regulation 860 were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act,” according to the Ontario government.
Safety around paint
According to the Canadian Centre for Occupational Health and Safety (CCOHS), paint contains many ingredients, including pigments, binders, extenders, solvents, and additives. There can be many different ingredients, such as dispersants, silicones, thixotropic agents, driers, anti-setting agents, pesticides, bactericides, fungicides, and algaecides.
“The exact hazards of the paint will depend on its formulation.”
The agency noted that employers must make sure that workers receive WHMIS and other relevant training. They must:
- Make sure workers are trained in the use and care of, and wear, appropriate personal protective equipment (PPE), including approved respirators, coveralls, gloves, and eye and face protection.
- Refer to safety data sheets (SDSs), standards, and regulations and follow precautions for all products used, especially isocyanates.
- Ensure fire escape doors from the paint room are accessible and clear before beginning the work.
