Lockout Liability

WHAT’S THE WORSE THAT COULD POSSIBLY HAPPEN?

LOCKOUT: LIABILITY & CASE STUDIES

F-K-P Tool Manufacturing Ltd. fined $200,000 for Health and Safety Violation

In February 2004, a press operator on a 750 ton press was struck by a 10-kilogram ram block that had been ejected from the press. The operator died as a result of the injuries sustained in the incident.

F-K-P Tooling Lt. pleaded guilty to failing to ensure the press was locked out while the ram block was between the upper and lower dies, as required by section 76 of the Regulations for Industrial Establishments.

In addition, three supervisors each pleaded guilty to jointly failing to ensure the press was locked out while a ram block was between the upper and lower dies, as required by section 76 of the Regulations for Industrial Establishments.

Timber Creek Farms Inc. fined $70,000 for two Health and Safety Violations

In March 2003, the worker was doing maintenance work on a large tub grinder, a machine that shreds wood material into mulch. To perform the maintenance, the worker had started the grinder to open the tub and then turned the equipment off. The worker’s leg got caught as the rotor wound down to a stop. Emergency officials freed the worker from the machine, but his leg had to be amputated.

A ministry of Labour investigation found the worker had performed the maintenance only once before and had not received proper training. The injured worker was unaware of a safety and operator’s manual in the grinder’s cab, which recommended the grinder be locked out or disabled when not in use. However, a key was found in the ignition and the grinder’s control box was left open prior to the incident.

Timber  Creek Farms Inc. pleaded guilty to

  • failing to provide information, instruction and supervision to the worker on lockout procedures for the grinder, contrary to section 25(2)(a) of the act, and
  • failing to develop and implement a written lockout policy and procedure for the grinder contrary to section 25(2)(h) of the act.

Wascana Recycling Ltd. Fined $15,000 for two Health and Safety Violations

The company pleaded guilty and was fined $13,000 for failing to ensure a paper baler was properly locked out before a worker performed maintenance on the equipment. The firm was also fined $2,000 for failing to provide workers with written lockout procedures. Charges against the firm resulted form an incident in which the baler amputated a worker’s leg.

In Saskatchewan, maximum penalties for an offence for an offence that causes the death of serious injury of a worker are $300,000 and two years in jail.

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