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A Trip, a Foot Pedal, a Critical Injury — Triway Sheet Metal Fined $50,000

WorkSafe Sounds · September 28, 2026 · 5 min read

Important: This is an educational summary of a complex legal proceeding and does not constitute legal advice. Consult a qualified legal professional for advice specific to your situation.

The worker was not even operating the machine. They were just walking past it.

A mechanical brake press sits on the floor of a sheet metal shop, bending and forming steel all day. This worker tripped near one. On the way down, their foot came down on the foot pedal that starts the brake. As they threw out their hands to catch themselves, the fall carried them into the brake mechanism. The machine did exactly what it was built to do, at the worst possible moment.

What Happened

In August 2024, a worker at Triway Sheet Metal Inc. was walking past a mechanical brake press at the company's facility at 114 Willowlea Road in Carp, west of Ottawa. Triway manufactures sheet metal. The brake press is the machine that bends and forms it.

The worker tripped. As they fell, they inadvertently stepped on the foot pedal that initiates the brake. That pedal was all it took to set the machine in motion. Bracing against the fall brought the worker into contact with the brake mechanism, and they suffered critical injuries.

Here is the part that matters most. The worker was wearing their PPE. Gloves, whatever the shop required, it was on. And it made no difference, because personal protective equipment does nothing to stop a moving brake from closing on a hand or arm.

The Ministry of Labour investigation found the exposed moving part of the machine was not equipped with a guard. There was no barrier between a person and the mechanism. A trip should be a stumble and a bruise. Here it became a life-changing injury because the danger zone was open.

What the Law Says

The charge came under Section 24 of R.R.O. 1990, Reg. 851 (Industrial Establishments), which requires that where a machine part may endanger a worker, it be guarded by a guard or other device that prevents access. It was charged contrary to Section 25(1)(c) of the Occupational Health and Safety Act, the employer's duty to ensure that the measures and procedures prescribed by the regulations are carried out in the workplace.

Basically, what this means is simple: if a part of a machine moves and can hurt someone, it has to be guarded so a person cannot reach it, whether they mean to or not. The law does not care that this worker reached the danger zone by accident. Guarding exists precisely for the accidental contact, the trip, the slip, the moment nobody planned for.

Triway Sheet Metal Inc. pleaded guilty in the Provincial Offences Court in Ottawa and was convicted on April 23, 2026, for an offence dated August 13, 2024. The company was fined $50,000 by Justice of the Peace Karen Baum, plus a 25% victim fine surcharge.

Three Things This Case Teaches Ontario Employers

  • PPE is the last line of defence, not a substitute for a guard. This worker did everything they were told about protective equipment and still ended up critically injured. PPE reduces the harm from contact you could not prevent. A guard prevents the contact. When you review a machine, the question is never whether the worker had gloves on. It is whether anything physical stops a body from reaching the moving part.

  • Design for the accidental activation, not just the intended one. The pedal started the machine because a falling foot landed on it. Foot pedals on brake presses need a shielded or gated cover so a stray step, a dropped tool, or a trip cannot trigger a stroke. Look at every pedal, button, and lever on your floor and ask what happens if someone falls onto it.

  • The walkway is part of the hazard. This person was not operating the press. They were passing it. That means guarding and layout have to account for everyone who moves through the area, not just the operator. Keep the point of operation enclosed at all times, and route foot traffic so people are not forced to squeeze past live mechanisms.

Go to your busiest brake press tomorrow and try this. Picture someone tripping right beside it. Ask whether their falling foot could reach the pedal, and whether their hands could reach the brake. Then ask your operators how the pedal is protected and how the moving part is guarded. What they show you, and what they cannot point to, will tell you whether the next trip on your floor ends in a bruise or in a hospital.

TagsOntario Court CaseMachine GuardingOHSAConstruction SafetyBrake PressO. Reg. 851

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