The employer already knew the guard was needed. They had ordered it. It just hadn't been delivered and installed yet. When the rotating drill rod injured the assistant driller, the company's own procurement record became evidence of a decision to operate with a known, unaddressed guarding deficiency.
That's a $100,000 fine.
What Happened
On September 30, 2023, at the Bell Creek Underground Mine in Timmins, an assistant driller for Orbit Garant Drilling Services Inc. was trying to free a water hose that had become caught on a drill rod. The driller, working at the control position, rotated the drill at the same time. The rotating rod caught the assistant and caused an injury.
A Ministry investigation found that the drill rig had an exposed moving part — the drill rod — that was not adequately guarded. Here is the part that sets this case apart: the guard had already been ordered by the employer. The company had identified the deficiency. They were waiting for delivery. In the meantime, the rig kept operating with the exposed rotating part.
Orbit Garant pleaded guilty in Timmins Provincial Offences Court and was fined $100,000 plus a 25% victim fine surcharge under Section 25(1)(c) of the OHSA and Section 185(2) of Ontario Regulation 854 (Mines and Mining Plants).
What the Law Says
Section 185(2) of Ontario Regulation 854 requires that every piece of machinery in a mine be guarded to prevent contact between workers and exposed moving parts that may endanger health or safety. Section 25(1)(c) OHSA requires employers to ensure these measures are carried out.
Basically, what this means is simple: the guard must be installed before the machine operates. Not on order. Installed.
Three Things This Case Teaches Ontario Mining Employers
- 'The guard is on order' means the machine must come out of service. Operating a drill rig with a known, unguarded rotating part — even while actively sourcing the guard — is a Section 185(2), O. Reg. 854 violation. The legal requirement is in place before delivery.
- Identifying a hazard without acting on it is not due diligence. The employer's own procurement record confirmed they knew the guard was needed. Courts treat knowledge plus inaction as a direct path to conviction.
- Supervisors must have the authority and the obligation to tag equipment out of service when guarding deficiencies are identified. If production pressure is the reason an unguarded rig keeps running, the system has failed at the supervisor level.
If any piece of rotating or moving equipment at your mine site has a known guarding gap — even with a guard on order — this case applies directly to you. The full analysis is in the WorkSafe Sounds article linked above.