OHS Assignment: Analysis of Canada Brick Ltd. Case and OHS Violations

This assignment analyzes the Canada Brick Ltd. case, focusing on an incident involving a brick worker injured by a dehacker machine. The analysis details the events leading up to the accident, the injuries sustained, and the direct cause, which was the worker's proximity to the moving machine. The assignment identifies the specific sections of the Occupational Health and Safety Act violated by the company, specifically Section 25(2)(h), and explores other potential violations. It also outlines the $90,000 fine levied by the judge and the relevant sections of the Act guiding the fine amount. Finally, the assignment proposes remedial actions, including improved workplace space, employee training, machine maintenance, and safety equipment, to prevent similar accidents in the future, emphasizing changes to the occupational health and safety management system to address the identified issues.

Running head : OCCUPATIONAL HEALTH AND SAFETY 1
1. List the events in this case that lead up to and include the accident.
The dehacker machine in the company was not given proper protective measures by the
aid of which the workers in the company will be safe. The work of the dehacker machine was to
transport bricks from one place to another. While doing the movement the dehacker machine
had to cover a certain distance. In the lower area of the dehacker machine the workers of the
company do their work. There were no presence of any kind of barriers or nets which can
protect the workers in case of anything bad happens to them. The brick worker who was injured
during the event was standing near the end of the dehacker machine. The machine was doing
the job it was assigned to do. The worker while talking was unaware of the position in which he
was standing. While discussing something with the coworker the position of the worker was not
very safe from any kind of mishaps that might happen. In the turn of events it was seen that the
worker while lost in talking was standing very close to the path from where the machine was
working towards transporting bricks from one part of the factory to another. Generally there are
large quantities of bricks which are transferred by the machine and it might be fatal if the
machine does any kind of mishap. In unavoidable circumstances the worker was hit by the
machine as it was transferring bricks from the start to the end for packing. This could have
easily been avoided if the factors had the presence of any kind of barriers which would have
ensured that the workers standing underneath are safe from the machine. Hopefully the worker
survived by the accident but it must be a priority for companies to ensure that its workers are
safe in the working environment ().
2. Describe the injury sustained and the direct cause.
The accident which have occurred in the factory have caused a lot of damage to the
worker who was standing below the dehacker machine. The work of the machine is to transport
bricks from one end to another. The machine holds a lot of weight which makes it very
dangerous for the workers who are standing down. The company was in the verge of making
the various precautions which might have averted the accident but it was late. The hand of the
machine carrying the bricks feel on the workers and the worker was injured from it. The machine
was unable to hold the weight of the bricks which it was transferring. Putting too much faith on
the machine was a bad idea for the company and the various process by the help of which the
machine transfers the bricks from one place to another is very dangerous. The worker in the
factory was clearly unaware of the circumstances which might happen if the machine
malfunctions. There was lack of proper training and communications of the company with the
workers and this have led to the accident. While there was an involvement of an automatic
machine at work the company must have taken extra by the help of which the mishap might
have been averted in the factory premises. The company must ensure that the workers working
in the factory are working in adequate safe environment so that the company will be increasing
employee retention and the employees will be having the feeling if being safe in the workplace.
The various process which must be implemented for addressing the employee wellbeing must
be addressed by the company so that it might not have to address the various which the
company had to face after the incident. In the context of modern business employee safety and
employee wellbeing must be addressed a company in a proper way.
3. a) What section(s) of the Act (and what Regulation(s) if cited in your case) were
violated? Please write out verbatim those section(s) of the Act and regulation(s).
Sections of acts violated.
The company was charged under Section 25(2) (h) of the act in which the company was
charged with the offence of not implementing the measures which might have averted the
incident. The company was charged with the offence that it did not take the various measures

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which were stated to the company while the installation of the dehacker machine. The delayed
function of the company have led to this mishap. The various process which was assigned to
the company by the ministry inspector while the installation of the dehacker machine was not
followed by the company which has led to this accident. The Ontario Court of Justice fined the
company with 25 percent of victim surcharge. The company will be paying money for the
betterment of the worker who was hurt in the factory. This was very important step by Justice
Richard LeDressay as it will be very helpful for the worker in bearing the cost of the accident.
b) What OTHER sections of the Act and Regulations COULD the company have been
charged with in your case? Provide at least four (4). Write out these sections verbatim.
You do not have to defend your choices.
There are certain laws under which the company might have been fined for not taking
proper steps which ensured the health and safety of the workers working in the workplace. The
various acts under which the company might have been fined are:
 Ontario Workman’s Compensation act 1886 suggested that an employee can sue a
company if they are harmed by any kind of injuries they sustain in the workplace.
 Public Works Heath Act of Canada 1889 was another law under which the company
might have been fined as it suggests a company to take care of the health and wellbeing
of the employees.
 Occupational health act of 1972 asked the company to pay compensation to the
employees who might have been harmed in the workplace. The company might have
been sued over this act also.
4. a) What was the amount of the fine(s) levied by the judge in your case?
Do not mention the victim fine surcharge amount. Fines imposed on the company
The company was fined with a whooping amount of $90,000 by the judge as a
compensation to the Occupational Health and Safety acts which led to the accident which have
affected the victim who was working in the factory. The company did not ensure the health and
safety of the employees and the worker was not in optimum position from the Dehacker to be
safe. The employees in the company were not in adequate safety and there was always the
presence of a chance that an accident might happen. The company was well aware of the
mishap which might happen from the Dehacker machine yet it did not take immediate steps to
ensure that the employees in the workplace are safe. The company was very late in assessing
the fact that the employees need proper ware and knowingly let the accident to happen.
b) What sections of the Act guide the judge in the amount of the fines for individuals &
Corporations? Write out these sections verbatim.
The section 25(2)(h) allowed the judge of imposing penalty on the company. The section
suggests that a company must be ready to take care of the health and safety of the employees
and they must pay charges for the betterment of the employees. The Act also suggests the
company to take full responsibility of the mishap which have happened with the employee in the
workplace of the company. Every precaution must have been taken by the company to ensure
that the workers in the company are safe and they are working a good condition. The health and
safety of the employees in the company must be addressed by the company and adequate
steps must be taken by the company in the factories to ensure that they are working under
optimum environment. The Act needs to be followed by every company around the world.
5. What remedial actions (Controls) would you put in place to ensure this type of
accident in your case does not reoccur in the future? Think of changes to the

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occupational health and safety management system. Be very specific to controlling your
case issues.
The following steps might be followed to ensure that this kind of accidents do not occur in
the future:
 There must be presence of adequate space for the conduction of an operation so that
the chances of making mistakes might be curbed down. The presence of adequate
space will be giving the workers in the factory with the feeling that they can perform their
tasks in a proper way without thinking of spaces.
 An adequate must be given to the employees in the factory so that they can work in a
better and they have the idea about the various process by the help of which they can
perform their task in a proper way in the factory. With the implementation of automatic
machines in the factory the company must ensure that each and every employee of the
company are aware of the various process by the help of which they can use the
machine in a safe and proper way.
 The tolls which are used by the employee in the workplace are in mint condition and
there are no presence of cracks in the tool.
 Proper clothing must be wore by the employee so that they are exposed to any kind of
harmful substances.
 It must be ensured every day that the machines which are being used in the factory are
in good condition and can be used safely in the workplace.
 The safety glass which are wore by the employee must be in good condition so that they
have clear visibility in the workplace.
 While climbing higher places the employees must ensure that they are carrying heavier
tolls.