TORONTO — A Toronto firm that manufactures windows has been fined $165,000 in Toronto court for its role in a 2017 incident in which a worker was killed after entering a barrier enclosure to troubleshoot a machine that had not been properly locked out.
Vinyl Window Designs Ltd., with premises in the North York community in Toronto, was convicted April 24 for violating Section 24 of Ontario provincial Regulation 851, the Industrial Establishments Regulation, the Ontario Ministry of Labour reported in an April 24 statement.
The incident occurred at the company’s window manufacturing facility in North York. On July 18, 2017 the operator of a machine that performed welding, fabrication and corner cleaning found there were problems with the operation of the machine at the transfer area where windows moved into the corner cleaner. Another worker was summoned to troubleshoot the situation.
The machine was surrounded by a fenced enclosure. The worker entered the enclosure through a gate. The line was not in operation mode at the time.
The worker asked the operator to switch the line into operation mode to run a window through the infeed.
While the worker was spraying oil on parts of the machine, the machine’s transfer arms cycled, crushing the worker against the frame of the machine. The worker died from the injury.
Reviewing evidence, the court found there were several issues with the firm’s procedures for restricting access to the worksite.
Section 24 of Regulation 851 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…shall be equipped with and guarded by a guard or other device that prevents access to the moving part.”
Vinyl Windows Designs pleaded guilty to failing as an employer to ensure that the measures and procedures prescribed by section 24 of Regulation 851 were carried out in a workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.