A Bradford, Ontario farmer who plead guilty for failing to meet machine guarding duties in the death of a worker, followed with a thorough health and safety training review.
According to an Ontario government court bulletin announcing the conviction last month, workers were preparing a potato line, a custom-designed system of hoppers, conveyors, cleaners and packaging equipment, for start-up. On August 30, 2022, after the lead millwright went home, a 22-year-old trainee began lubricating the potato line, which is done while the machinery is running, with no oversight and no guarding to prevent access to a pinch point.The worker was killed by critical injuries.
Specifically, the commercial farm operator plead guilty in provincial court for failing, as an employer,
to ensure machine guarding or other device was provided to prevent access to the pinch point as required by section 25 of the Regulation for Industrial Establishments, and contrary to section 25(1)(c) of the Occupational Health and Safety Act (OHSA). They were fined $125,000 and an additional 25 per cent surcharge credited to a special government fund to assist victims of crime.
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OHS law calls for precautions not reactions
Also mentioned in the court bulletin were some of the actions taken by the convicted farm operator following the worker death, including steps to enhance guarding and a “
comprehensive” review of the training provided to workers and supervisors.
To avoid tragic consequences of hazards left unchecked, many workplaces
make this type of review an annual proactive undertaking as part of their occupational health and safety program to ensure they are complying with legal obligations to protect workers. This includes proper machine guarding and training for workers and other workplace parties.
Mandatory training designed to prevent suffering
Employers, including commercial farm operators, must ensure
workers complete occupational health and safety awareness training (O. Reg. 297/13).
This training must address a wide range of topics including common workplace hazards and duties and rights of workers, supervisors and joint health and safety
committees.
Employers also have a general duty under the
OHSA to
provide workplace-specific information, instruction and supervision to a worker to protect their health and safety.
Equally important, employers must appoint a
competent person as a supervisor who must complete occupational health and safety awareness training (O. Reg. 297/13). This training must be completed within one week of performing work as a supervisor and must address a wide range of topics, including their significant obligations to protect workers and how to recognize, assess and control workplace hazards.
Most workplaces with 20 or more workers, including some commercial farming operations, must have a joint health and safety committee (JHSC) consisting of at least one worker and one employer member.
At least two members of a JHSC – one worker and one manager –
must become certified. To do so, employers must ensure they complete Part I and II of a Certification training program approved by the Ministry of Labour, Industry, Training and Skills Development’s (MLITSD) Chief Prevention Officer (CPO).
All workplaces employing between 6 and 19 workers and farming operations with 20 or more workers where a JHSC is not required,
must ensure a health and safety representative (HSR) is selected from among the workers.
Training HSRs is essential considering they have most of the same rights and powers as JHSC members in larger workplaces.
WHSC can help
Workers Health & Safety Centre (WHSC) is Ontario’s only government-designated health and safety training centre and a leading provider of mandatory and essential training, including CPO-approved
JHSC Certification Training. For smaller workplaces,
WHSC HSR training meets and exceeds guidelines developed by the MLITSD Prevention Office. WHSC
Worker Health and Safety Awareness and
Supervisor Health & Safety Training programs also meet and exceed mandatory training standards.
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Need other essential and legally mandated training such as
GHS-WHMIS and
workplace violence and harassment? Check out our complete
training catalogue and upcoming
scheduled training opportunities.
Whether you choose to train with us in-person or in a virtual classroom, training is led in real time by a highly experienced, WHSC-qualified instructor to
ensure critical learning is achieved. For virtual training, all that is required is a high-speed internet connection, and a computer or tablet with a functioning camera, speakers and microphone.
Unsure of your workplace training needs? Contact a
WHSC training service representative near you who will be happy to help.
Do you need training in French? Contact WHSC representative Christopher Gervais at
cgervais@whsc.on.ca or 613-407-2187.
Want to read more about this employer conviction?
Workplace Fatality Results in $125,000 Fine for Bradford Company
Related resources
Shortcuts kill worker! Supervisor competency on trial!
Supervisor negligence leads to worker death AND prison sentence
Health and safety committees and representatives in farming
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