Convicted: FIO Automotive Canada Corporation, 199 Bay Street, Commerce Court West, Suite 2800, Toronto, Ontario.

Location of Workplace: 220 Dunn Road, Stratford, Ontario.

Description of Offence: A worker employed by FIO Automotive Canada Corporation (FIO) suffered a critical injury at the workplace when a 1,500-pund feed bar was knocked out of its support cradle and struck the worker who was operating the crane. FIO contravened section 46 of the Industrial Regulations by failing to ensure that a feed bar that may tip or fall and endanger any worker was secured against tipping or falling. This is an offence under section 25(1)(c) of the Occupational Health and Safety Act.

Date of Offence: October 8, 2020.

Date of Conviction: April 12, 2022.

Penalty Imposed:

  • Following a guilty plea in provincial offences court in Stratford, FIO Automotive Canada Corporation was fined $50,000 by Justice of the Peace Tammy L.A. Waugh.
  • The court also 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.

Background:

  • FIO operates a large industrial facility engaged in the manufacture of automotive parts. The facility’s main operation involves metal stamping, welding, and assembly.
  • On October 8, 2020, a worker at the facility was operating an overheard crane to lift a press die off a bolster plate to move it to storage.
  • A trainee was assisting the worker by disconnecting clamps holding the press die on the bolster.
  • As the worker began to lift the die with the crane, he did not notice one of the clamps had not been removed.
  • The clamp eventually disconnected under pressure of the crane, causing the die to swing in the air, impacting the bolster’s feed bar.
  • The feed bar, weighing approximately 1,500-pounds, was dislodged from its position, knocking the worker to the floor and critically injuring them.
  • An investigation by the Ministry of Labour, Training and Skills Development determined that the feed bar holder would not securely retain the feed bar if struck by the die swinging in the way it did.
  • The investigation further revealed there had been similar instances in the past where dies, being lifted off bolsters, swung and contacted a feed bar, bumping it out of position but remaining in the cradle.
  • Accordingly, FIO contravened section 46 of the Industrial Regulations by failing to ensure that a feed bar that may tip or fall and endanger any worker was secured against tipping or falling. This is an offence under section 25(1)(c) of the Occupational Health and Safety Act.