This section provides examples of workplace safety violations according to the Ontario Health and Safety Act as it applies to LockOut/TagOut w. It also showcases the potential impact on employee safety and the potential for fines from the Ontario Government.  

Occupational Health & Safety Act

The Ontario Ministry of Labour is the governing body to ensure workplace health and safety for all employees. All organizations in Ontario are required to adhere to the "The Occupational Health and Safety Act" which sets out the rights and duties of all parties in the workplace, as well as the procedures for dealing with workplace hazards and for enforcement as needed.

Violation Scenario #1: Hershey Canada Inc. 

Incident

Hershey Canada Inc. is a chocolate and candy manufacturer with a manufacturing plant located in Mississauga, Ontario Canada. On July 3rd 2005, a worker was scooping peanuts out of a hopper as part of a cleanup in preparation for shutting down a chocolate candy production line when the worker's hand came in contact with an energized, moving auger located at the bottom of the hopper. The incident resulted in the worker losing a portion of a finger on the left hand. A Ministry of Labour investigation found the hopper had not been stopped and locked out, as required by the Regulations for Industrial Establishments. 

The incident occurred at the company's plant at 1 Hershey Drive in Smiths Falls. Following a trial, Hershey Canada Inc. was found guilty, as an employer, of failing to stop any motion on the hopper that could endanger a worker while the hopper was being cleaned, as required by Section 75 of the Regulations for Industrial Establishments. This was contrary to Section 25(1) (c) of the act. The fine was imposed by Justice of the Peace Richard Sculthorpe of the Ontario Court of Justice in Perth. In addition, the court 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.

Outcome

The  plant in Smiths Falls, Ontario was fined $50,000 on August 9, 2005 for a violation of the Occupational Health and Safety Act that resulted in a serious hand injury to an employee. 

Violation Scenario #2:  ACI-Kardam Manufacturing Limited

Incident

ACI-Kardam is a metal stamping company in Windsor, Ontario Canada. On November 7, 2003, a worker was attempting to clear jammed parts in a press when a second worker mistakenly activated the press's operating controls. The press cycled and a die (metal stamping component) struck the first worker's hand twice before the second worker was able to activate an emergency stop button. Just prior to the incident the first worker had reached into a pinch point in the die area after opening a guarding device to gain access to the pinch point. The first worker suffered injuries to the right hand, including a crushed hand, two crushed fingers and two fractured fingers. In addition, a large portion of the first worker's hand was stamped leaving a die imprint. The injured worker was taken to hospital in Windsor and then flown by air ambulance to hospital in London for surgery. The injured worker has not returned to work since the incident and has undergone several operations on the hand with more operations planned. The incident occurred at ACI-Kardam Manufacturing Limited's former plant at 2090 North Talbot Road in Windsor.

A Ministry of Labour investigation found there were ongoing problems with parts getting jammed in the press. Workers would use a wrench to open the guarding device to gain access to the pinch point in order to clear jammed parts. On the day of the incident the press had jammed seven or eight times. The operating controls were not locked out when the first worker attempted to clear one of the jams. The ministry also found the plant's safety record was poor and there were other incidents resulting from failures to lock out machinery, including an April 4, 1997 incident in which a worker had an arm amputated in a press. The Ministry of Labour had frequently inspected the plant and issued numerous orders for safety violations under the Occupational Health and Safety Act. The plant is no longer in operation.

Outcome

ACI-Kardam Manufacturing Limited pleaded guilty, as an employer, to failing to ensure the press's control switch, or other control mechanisms, were locked out and other effective precautions were taken to prevent a starting of the press when that starting could endanger a worker's safety, as required by Section 76 of the Regulations for Industrial Establishments. This was contrary to Section 25(1) (c) of the act.

On July 27, 2005 in Windsor Ontario Canada, ACI-Kardam Manufacturing Limited, a metal stamping company that manufactured various stamped automotive parts at a former plant in Windsor, was fined $85,000 today for a violation of the Occupational Health and Safety Act that resulted in serious hand injuries to an employee.