OHSA elevator guarding issue rears its ugly head again:
Property Company Fined $50,000 After Worker Suffers Injuries to Hands
June 5, 2015 3:40 P.M.
TORONTO, ON – Oxford Properties Group Inc., a large owner of properties with holdings throughout Canada, has pleaded guilty to violating occupational health and safety laws and has been fined $50,000 after a worker was injured while servicing an elevator.
On December 13, 2013, a team of workers from an elevator maintenance company was sent to a building owned by Oxford at 315 Front Street in Toronto to service and repair one of the elevators in the building. The problem was a blown bearing on a deflector sheave (a type of pulley with grooves); cables had jumped off the sheave. The workers performed an initial assessment, then proceeded to the elevator machine room.
There were no guards on the elevator motors, which were situated in the elevator machine room. As the workers performed their service and repair work, one of the workers pulled on the cables by hand in an effort to help them move. As the worker did so, one of the other workers proceeded to drift the brakes of the elevator; this caused the cables to suddenly move. As the cables moved, they grabbed the first worker’s hands. The worker suffered injuries to both hands.
The Ministry of Labour investigated the incident and concluded that Oxford Properties Group Inc. had failed to ensure that the motor of the elevator was guarded, as required under Section 25 of Ontario Regulation 851, the Industrial Establishments Regulation. The 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.
Justice of the Peace Ajit Grewal imposed the $50,000 fine in Toronto court on June 4.
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
Provincial Offences Court/Ontario Court of Justice
70 Centre Avenue
Justice of the Peace Ajit Grewal