BRAMPTON, ON - QBD Cooling Systems Inc., a Brampton company that operates a manufacturing facility for commercial refrigerators, has been fined $65,000 after a worker was injured by machinery.

On March 25, 2013, a worker was performing a task on a thermoforming machine, which heats a plastic sheet and presses it against a mold to fabricate a part. The machine was enclosed by a frame that has access gates at the front and at each side. Each gate has a sensor that detects if the gate is in an open or closed position; all the gates must be closed in order to permit motion. The width and height of the front gate permitted full body entry into the point of operation, and the safety gates were not designed or intended to detect the presence of a worker inside the point of operation.

The task being performed by the worker at the time of the incident involved making sure a new mold was in correct alignment or position in the machine. The worker entered the machine from the front gate while the machine was powered; the worker closed the safety gate in order to enable machine motion. Another worker assisted by standing at the control station to control machine motion based on instructions from the worker inside the machine.

While the worker was inside the machine, a clamp above the worker unexpectedly began to move and clamped down on the worker. The worker suffered bruising and other injuries to bones and an organ. A Ministry of Labour investigation followed.

By law, motion that may endanger a worker must be stopped and parts must be blocked to prevent movement whenever a part of a machine is being adjusted, repaired or maintained.

QBD Cooling Systems Inc. pleaded  guilty to failing to ensure that a part of the machine was stopped and blocked to prevent movement, and was fined $65,000.

The fine was imposed by Justice of the Peace Richard Quon. In addition to the fine, the court 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.

Court Information at a Glance

Location:

Provincial Offences Courthouse

5 Ray Lawson Boulevard

Courtroom B2

Brampton, ON

Judge:

Justice of the Peace Richard Quon

Date of Sentencing: 

August 12, 2014

Defendant:

QBD Cooling Systems Inc.

31 Bramsteele Road

Brampton, Ontario

Matter:

Occupational health and safety

Conviction:

Occupational Health and Safety Act, Section 25(1)(c)

Regulation 851 (Industrial Establishments), Section 75

Crown Counsel:

William Robinson

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