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Convicted: Handi Foods Ltd., a cracker and snack manufacturer with a head office at 190 Norelco Drive, Toronto

Location of Workplace: Manufacturing plant at 190 Norelco Drive, Toronto

Description of Offence: A worker was severely injured by unguarded equipment. Handi Foods Ltd. failed, as an employer, to ensure machinery was guarded to prevent access to its pinch point, as required by Ontario Regulation 851, Section 25.

Date of Offence: November 1, 2021

Date of Conviction: February 3, 2023

Penalty Imposed:

• Handi Foods Ltd. was fined $100,000 following a guilty plea at the Ontario Court of Justice at Old City Hall, Toronto. The fine was imposed by Justice of the Peace J. Carter. Crown Counsel was 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.

Background:

• On October 27, 2021, a worker at the Handi Foods Ltd. plant in Toronto was stationed at a production line that was making crackers.
• The worker noticed dough accumulating in a roller and attempted to dislodge it, while the machine was operating, by using a tool that could fit through an opening in the mesh cover guard that prevented access to the machine’s pinch point.
• When that failed, the worker lifted the hinged cover guard, reached into the area to remove the dough and got caught in the pinch point, becoming severely injured.
• The guard was equipped with an interlock switch that was supposed to automatically stop the machine when it was lifted, to prevent injury.
• However, four days prior the maintenance supervisor had directed a bypass to be installed, allowing the guard to be lifted without stopping the machine. The interlock had been malfunctioning, preventing the machine from running smoothly.
• A danger sign was placed on the guard to remind workers about the bypass.
• Manufacturer’s documentation for the machine stated that its interlocks and guards should not be bypassed.
• Handi Foods Ltd. violated Section 25(1)(c) of the Occupational Health and Safety Act by failing, as an employer, to ensure an in-running nip hazard was equipped with and guarded by a guard or other device that prevents access to the pinch point, as required by Ontario Regulation 851, Section 25.
• The company has a prior conviction relating to a worker being injured by unguarded equipment in 2007.

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