Worker tried to step on a moving conveyor
Ontario employer C. Villeneuve Construction Co. Ltd. has been fined $50,000 after one of its workers sustained a critical injury on the job.
Following a guilty plea in Provincial Offences Court, the employer was also ordered to pay a 25 per cent victim fine surcharge, as mandated by the Provincial Offences Act. The surcharge is credited to a special provincial government fund that supports victims of crime.
The incident occurred on Sept. 12, 2023. On that day, a worker was cleaning near the folding catwalk platform on the side of a screen box (shaker) at the company’s quarry site.
The screen box was locked-out and de-energized, but the feed conveyor that fed the screen box was not.
While trying to step over the moving conveyor, the worker suffered a critical injury.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the feed conveyor was not adequately guarded as workers had access to the drive pulley of the conveyor while on the catwalk.
“A worker was critically injured as a result of the company’s failure to ensure adequate machine guarding contrary to section 196(3.1) of Regulation 854, Mines and Mining Plants. This is an offence pursuant to section 66(1) of the Occupational Health and Safety Act,” said the Ontario government.
Section 196(3.1) of Regulation 854 states: Subject to subsection (3.2), the pinch points referred to in subsection (3) shall be guarded by a guard that, unless it would render the pinch point inaccessible, extends at least 0.9 metres from the pinch point.
Meanwhile, section 66(1) of the OSHA states: (1) Subject to subsections (2) and (2.1), every person who contravenes or fails to comply with,
(a) a provision of this Act or the regulations;
(b) an order or requirement of an inspector or a Director; or
(c) an order of the Minister,
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.
