A worker was injured while trying to free a water hose that had caught on a drill rod. The conviction was a guarding conviction. Ontario's mining regulation says an exposed moving part that may endanger any person has to be fenced or guarded.
That's a $100,000 fine.
What Happened
On September 30, 2023, at the Bell Creek Underground Mine in Porcupine, Timmins, a worker for Orbit Garant Drilling Services Inc. was trying to free a water hose that had become caught on a drill rod. The worker was injured.
Orbit Garant was convicted in Timmins Provincial Offences Court and fined $100,000 plus a 25% victim fine surcharge under Section 185(2) of R.R.O. 1990, Reg. 854 (Mines and Mining Plants), contrary to Section 25(1)(c) of the OHSA.
What the Law Says
Section 185(2) of R.R.O. 1990, Reg. 854, the Mines and Mining Plants regulation, requires that a machine with an exposed moving part that may endanger the safety of any person be fenced or guarded, unless its position, construction or attachment provides equivalent protection. Note the reach of that wording. It says any person, not just workers. Section 25(1)(c) OHSA requires employers to ensure these measures are carried out.
Basically, what this means is simple: the guard goes on before the machine runs.
Three Things This Case Teaches Ontario Mining Employers
- An exposed moving part that may endanger any person has to be fenced or guarded before the machine operates. Section 185(2), O. Reg. 854 does not ask whether a guard is planned or on its way. It asks whether the part is guarded.
- Hoses, cables and lines that can catch on rotating equipment need a procedure of their own. Freeing something caught on a moving part is the moment people get hurt. Write down how it is done and when the machine has to be stopped first.
- 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 guarding gap, this case applies directly to you. The full analysis is in the WorkSafe Sounds article linked above.