Yarl Metal Fabrications Inc. has pleaded guilty of violations of the Ontario Occupational Health and Safety Act and has been hit with a $60,000 fine, all stemming stems from an accident that occurred last year, in which a worker lost several fingers while operating a metal-cutting machine that was unguarded.
The incident occurred on April 23, 2014, as a worker was cutting scrap metal with a shearing machine at the company’s Scarborough facility. The worker was operating the shear machine, which is activated with a foot pedal, despite the fact that the required guarding had been removed the previous day for work on a custom job.
As he was operating the machine, a piece of metal became hung up on a corner of the machine, so the worker used his hand to try to wipe the material away. While his hand was in the hazard area where the guard should have been, he accidentally pushed on the foot pedal, which caused the machine’s shear to cycle, resulting in the amputation of multiple fingers.
After an investigation by the Ontario Ministry of Labour, it was determined that the injuries happened because the equipment was not guarded in accordance with the Industrial Establishments Regulation, which is at Ontario Regulation 851, Section 24. According to that rule, “where a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, the machine or prime mover or transmission equipment shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
The specific charge to which Yarl Metal Fabrications Inc. pleaded guilty to was for failing in its duty as an employer to ensure that the measures and procedures prescribed in the OHSA were carried out. Justice of the Peace Chris Triantafilopoulos fined the company $60,000 and also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act.
That means the company is out $75 total for not making sure a machine was guarded as required. Safety doesn’t cost your company, a lack of safety does.