City guilty of not properly guarding piece of heavy machinery
The City of Greater Sudbury has been fined $150,000 after a worker lost their life due to a preventable accident at the Levack public works depot. The city was found guilty of failing to uphold workplace safety standards, resulting in the worker's fatal injury.
The incident happened on May 6, 2022. After attending a worker appreciation breakfast, the worker was advised by their supervisor to return to the Levack public works depot and subsequently go home as their workday had concluded. Instead, the worker informed a co-worker, who dropped them off, of their intention to remove sand from the Wille municipal tractor unit stored at the Levack Depot.
The Wille unit was equipped with a rear-mounted sand spreader attachment featuring a spinning auger, used to distribute sand on sidewalks during operations. The worker became entangled in the unguarded opening of the sand hopper, connected to the Wille tractor, while the auger inside was powered on. The lack of proper guarding on the machinery contributed to the fatal injury sustained by the worker.
There were no witnesses, but the investigation revealed the city, in its capacity as the employer, failed to ensure compliance with the safety regulations prescribed by Ontario Regulation 851.
Specifically, the corporation did not equip machinery with exposed moving parts, like the auger in question, with the required guards or devices to prevent access to these hazardous components. This violation was in direct contravention of Section 25(1)(c) of the Occupational Health and Safety Act.
In addition to the $150,000 fine, the court ordered a 25 per cent victim fine surcharge, as mandated by the Provincial Offences Act, with the funds directed to a special provincial government fund dedicated to assisting victims of crime.
