On April 23, 2014, a worker was cutting scrap material with a shear machine at the company’s facility in Scarborough, Ont. The company makes products such as metal cladding, windowsills, column covers and storefront panels for the building trade.
The shear machine was without the required guarding, which had been removed the day before for a custom job; the machine is activated with a foot pedal.
While in use, a piece of material got hung up on a corner of the machine. The worker moved one hand to wipe the material away, and while the hand was in the hazard area the worker accidentally pressed down on the foot pedal, causing the shear on the machine to cycle. The worker suffered multiple amputations of fingers.
The incident occurred because the equipment was not guarded in accordance with Section 24 of Ontario Regulation 851 – the Industrial Establishments Regulation – which states that “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 court found that the defendant failed in its duty as an employer to ensure that the measures and procedures prescribed in the Occupational Health and Safety Act were carried out. Justice of the Peace Chris Triantafilopoulos fined the company $60,000 in Toronto court on July 30, 2015.
Source: Ministry of Labour