February 10, 2021
Convicted: Cogent Power Inc., 845 Laurentian Drive, Burlington, a manufacturer of transmission equipment for distribution of electrical energy.
Location of Workplace: The company’s manufacturing plant located at its Laurentian Drive head office location in Burlington.
Description of Offence: A worker was injured after becoming caught in moving machinery which had not been equipped with a guard or other device to prevent access to a pinch point, as required by law.
Date of Offences: May 22, 2019
Date of Conviction: February 5, 2021.
- Following a guilty plea in provincial offences court in Burlington, Cogent Inc. was fined $90,000 by Justice of the Peace Jean Carter; Crown Counsel Line Forestier.
- The court also 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.
- On May 22, 2019, a worker was training another worker on how to operate a forming machine known as the Former #5. The Former #5 is a four-piston hydraulic table press with four dies. This equipment is used to form products known as ’rounds’ which are used in the electrical energy sector.
- The Former #5 is normally operated by a single worker who stands at the control panel located on the east side of the equipment. That side of the equipment is equipped with a light curtain to protect the operator. When a light curtain is interrupted, the machine stops and cannot be activated until the worker leaves the hazardous envelope and the light curtain is restored.
- While the trainee was operating the controls at the east side, the trainer noticed an issue with the product being formed and proceeded to the west side of the machine to inspect the product while it remained in the Former. The four dies were extended and secure against the product. The trainer then accidentally dropped a glove into the area.
- When the trainer reached out to retrieve the glove, the dies were inadvertently released by the trainee, and the trainer was caught in a pinch point between the moving south die and its housing, causing injury. The trainer was transported to the hospital for medical attention.
- The Ministry of Labour, Training and Skills Development conducted an investigation and concluded the west side of the Former #5, where workers had access, was not equipped with a guard or device to prevent a worker from being caught or pinched between moving parts.
- The defendant failed to ensure the west side of the equipment was equipped with a guard or a device of some kind to prevent access to the pinch point created when the dies were in movement. As such, the defendant failed to comply with section 25 of the Industrial Establishments Regulation (Regulation 851) and thereby did violate section 25(1)(c) of the Occupational Health and Safety Act.