A foundry worker suffered a traumatic degloving injury to his forearm when it was drawn into an unguarded nip point on a conveyor drive roller assembly during a production run. An interlocked safety guard on the assembly had been removed one week earlier to facilitate cleaning access and had not been reinstalled before production resumed. No permit system existed to track guard removals, and no worker had verified that all guards were in place before starting the equipment that shift.
What Happened
- The interlocked guard on the conveyor drive roller had been removed for cleaning and not reinstalled
- No guard removal permit or tracking system existed at the facility
- No lockout was performed when the guard was removed
- Workers were not trained to verify that all guards were in place before starting equipment
- The company had received a prior Ministry of Labour compliance order for guarding deficiencies at the same facility
The Outcome
Elgin Metal Casting Inc. was convicted under Section 25(1)(c) of the OHSA and O. Reg. 851 for failing to ensure equipment was maintained with all required guarding in place. The company was fined $100,000 plus a 25% victim fine surcharge. A Ministry of Labour order required a facility-wide machine guarding audit.
Citation: 2016 ONCJ 309 · Penalty: $100,000
What This Case Teaches Ontario Industrial Employers
Machine guards are not optional accessories — they are often the last physical barrier between a worker and a hazard capable of causing permanent injury in a fraction of a second. Employers must establish a formal guard removal permit system that documents every removal, requires a qualified review before guards are taken off, and mandates that guards are reinstalled and physically verified before equipment is returned to service. Under the OHSA, equipment must be maintained in good condition at all times — and an unguarded machine does not meet that standard.
This summary is drawn from the reported outcome of an Ontario occupational health and safety prosecution. It is provided for educational purposes and is not legal advice.