​May 2019
A Manitoba employer recently pleaded guilty to two counts under the Workplace Safety and Health Act:
Section 4(1)(a) of the Workplace Safety and Health Act C.C.S.M. c. W210 to the charge of failing to take measures to ensure, so far as reasonably practicable, the safety, health and welfare of its employee while he was operating the Cates Tray Forming Machine.
Section 2.7(1) of the Workplace Safety and Health Regulations, M.R. 217/2006, to the charge of failing to immediately and by the fastest means available notify the Workplace Safety and Health (WSH) Branch of a serious incident involving its employee.
A worker was operating a Cates Tray Forming Machine. The machine forms, glues and shapes paper material into trays or boxes. While attempting to clear a paper jam, the worker reached into the machine while it was fully energized and suffered serious injuries to fingers on his left hand. The employer did not notify the WSH Branch of the incident until the following day. The scene had not been secured and had been altered prior to the WSH officer's arrival.
The employer was fined $43,750.
A second Manitoba employer recently pleaded guilty to two counts under the Workplace Safety and Health Act for two separate incidents:
Section 4(1)(a) of the Workplace Safety and Health Act C.C.S.M. c. W210 to the charge of failing to ensure, so far as reasonably practicable, the safety, health and welfare of its worker while she was operating a Dodds Clamp Machine (an incident that occurred in April 2016).
Section 4(1)(a) of the Workplace Safety and Health Act C.C.S.M. c. W210 to the charge of failing to ensure, so far as reasonably practicable, the safety, health and welfare of its worker while he was operating a Novimat Concept L 2425 Bander machine (an incident that occurred in September 2016).
In April 2016, a worker was manufacturing cabinet drawers. The worker was utilizing a Dodds Clamp machine. The clamping device on the machine was activated using a lever located on the front left side of the machine. While the worker was holding the sides of a drawer between the clamps, she used her left knee to activate the clamp lever. This resulted in the clamp closing on the sides of the drawer while the worker's hands were still positioned between the drawer and the clamps. Both of the worker`s hands were pinched between the clamps of the machine and the drawer that she was working on. The worker incurred compression injuries to both hands.
In September 2016, a worker was cleaning the interior components of a Novimat Concept L 2425 Bander machine. The worker's hand came into contact with a cutting head. The worker sustained lacerations and the partial amputation of his index and middle fingers on his right hand.
The employer was fined $25,000 for the April 2016 incident. For the September 2016 incident, the employer was fined $50,000, plus an additional $25,000 payable to WSH to be used for the purpose of educating the public on matters related to workplace safety and health. The total fine was $100,000.
A third Manitoba employer pleaded guilty to two counts under the Workplace
Safety and Health Act and Regulations:
Section
4(1)(a) of the Workplace Safety and Health Act C.C.S.M. c. W210 to the charge
of failing to ensure, so far as reasonably practicable, the safety, health and
welfare of his worker.
Section 17.2 of the Workplace Safety and Health Regulations, M.R.
217/2006 to the charge of failing to develop and implement safe work procedures
respecting welding and allied processes performed in a workplace.
The employer engaged
the services of a long-time friend to cut a 55 gallon steel drum into two
pieces which later would be used to store car parts. The worker was
provided with a hand-held angle grinder to cut the drum. When
the worker began cutting the drum, fumes trapped inside the drum ignited
causing an explosion. The worker was killed as a result of the explosion.
The employer was fined $20,000.
Understanding employer responsibilities related to safety and health is an important part of preventing injuries and deaths in the workplace. SAFE Work Manitoba offers injury prevention information, including:
Find more information here on workplace safety and health prosecutions.
