Portions of the equipment's movement could not be seen from the control station
A Guelph, Ont., precast concrete manufacturer has been fined $70,000 for breaching Ontario rules that require automatic start-up warnings on machinery operators cannot fully see, after a worker was struck by a moving steel production table.
Kiwi Constructors Ltd. pleaded guilty in the Provincial Offences Court in Guelph to violating section 33 of Regulation 851 (Industrial Establishments) and section 25(1)(c) of the Occupational Health and Safety Act (OHSA). Justice of the Peace Michael Cuthbertson imposed the fine on Sept. 18, 2026, according to an Oct. 9 court bulletin from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD).
Judy L. Chan acted as Crown counsel. The court also imposed the 25% victim fine surcharge required under the Provincial Offences Act.
Worker struck on production floor
The incident occurred on Sept. 24, 2025, at the company's 41 Massey Road facility.
The plant's semi-automated production system moves large steel tables between workstations. A worker was walking through the production area while a table was moving.
The worker entered the table's path and was struck. The bulletin does not describe the worker's injuries.
Investigation findings
An MLITSD investigation found portions of the equipment's movement could not be seen from the control station.
Investigators also found the warning system, a white light displayed while tables moved, inadequate.
Section 33 targets that combination, requiring portions of conveyors or other moving machinery not visible from the control station, and whose start-up may endanger a worker, to have automatic start-up warning devices.
Penalty in context
The fine is a fraction of the legal maximum. Bill 79, the Working for Workers Act, 2023, raised the maximum OHSA fine for corporations from $1.5 million to $2 million, effective Oct. 26, 2023, according to McCarthy Tétrault. COS previously reported on Ontario's proposal for the toughest safety penalties in Canada.
Other struck-by cases have drawn Regulation 851 convictions. A waste management firm was fined after a worker was fatally struck by a reversing front-end loader, in a case under the regulation's barrier and warning-sign requirements, while a Toronto linen company was fined $120,000 after a worker was struck by a company vehicle.
The bulletin does not say whether Kiwi Constructors has since changed its warning system or include company comment.
Penalties and prevention
Research suggests penalties can shift employer behaviour. Emile Tompa, a senior scientist at the Institute for Work and Health, said in comments published by Human Resources Director that his research found inspections that led to penalties reduced injuries, illnesses and fatalities more than those without.
"They tend to react only when there's something that actually happens to them," Tompa said of employers.
The hazard itself is widespread. Joshua Paine, a machine and robotic safety consultant with Workplace Safety & Prevention Services, said in its guidance on preventing struck-by injuries that when people work close to moving equipment, "you have a risk of being struck by something."
