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Continuous Colour Coat Limited Fined $70,000 After Worker Injured

Court Bulletin

Continuous Colour Coat Limited Fined $70,000 After Worker Injured

Ministry of Labour

Convicted: Continuous Colour Coat Limited, 1430 Martin Grove Road, Rexdale, Ontario, a manufacturer of coated metal products.

Location: The Continuous Colour Coat Limited manufacturing facility located at 1430 Martin Grove Road in Rexdale.

Description of Offence: A worker was injured while cleaning a piece of machinery that was not properly guarded.

Date of Offence: April 10, 2018.

Date of Conviction: June 12, 2019.

 Penalty Imposed:

  • Following guilty pleas, Justice of the Peace Odida Quamina fined Continuous Colour Coat Limited $70,000 in Toronto provincial court. Crown Counsel: Katherine Ballweg.
  • 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 April 10, 2018, a worker was cleaning the metering roll of a coater machine.
  • The metering roll was cleaned while the machine was live, running in reverse mode.
  • Once cleaned, the metering roll was inspected for defects by the worker.
  • While inspecting the metering roll, the worker's hand was drawn between the roll and a paint tray, causing injuries.
  • The procedure for cleaning the metering roll required that a guard be in place to prevent an in-running nip hazard.
  • A Ministry of Labour investigation determined that a guard was not in place at the time the worker was inujred.
  • Section 25 of Ontario Regulation 851 ( the Industrial Establishments Regulation) states that an in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point.
  • Continuous Colour Coat Limited failed as an employer to ensure that the exposed pinch point hazard on the metering roll was equipped with a proper guard to prevent access to the in-running nip hazard. This contravened section 25(1)(c) of the Occupational Health and Safety Act as prescribed by section 25 of Regulation 851.

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