1. Machine Guarding Violations
    • Under section 24 of Reg. 851: Machinery with exposed moving parts must be equipped with guards or other protective devices.
    • If guards are missing, inadequate, or bypassed, employers may be charged under OHSA section 25(1)(a) (ex: "Employer failing to ensure machine has guarding...")
    • There are also corresponding charges for supervisors (ex: failing to ensure workers use the guarded machine) and for workers (ex: failing to work with the guard in place) under Reg. 851.
  2. Lock-Out / Maintenance / Blocking Violations
    • Section 75 of Reg. 851 requires that maintenance, cleaning, or repair be done only when motion that could endanger a worker has stopped, and that any stopped part that could move dangerously be blocked.
    • If a worker is injured because a machine was not properly locked out / blocked, an employer can be charged under that regulation.
    • The "blocking" requirement was clarified in court to mean a physical block (not just turning off power).
  3. Control of Hazardous Energy (Startup Risk)
    • Section 76 of Reg. 851 governs measures to prevent unexpected machine startup that could endanger workers.
    • If these measures are not taken, the employer (or possibly supervisor) can face charges under this section.
  4. Other Machine-Specific Violations
    • There are provisions in Reg. 851 for "effective operating control" as a guarding method (ex: section 28) and other machine-specific hazards (ex: grinding wheels under section 29).
    • Employers may also be charged for failing to provide or enforce the use of protective devices (ex: shields or guards) at in-running nip points (section 25).

 

Why These Are Common

  • Inspectors often focus on machine guarding and lock-out because they are high-risk: unguarded or improperly maintained machines can cause amputations, crushing, entanglement, etc.
  • Even when no accident has yet occurred, the ministry can prosecute purely for a serious risk (ex: missing guards).
  • Fines are substantial. For example, in one case involving failure to lock out, a company was fined $50,000.
  • Set fines for ticketable offences (ex: less serious / non-accident cases) under Ontario Schedule 67.3 for machine-guarding and lockout violations range by role (employer, supervisor, worker).

 

Examining Recent (5 Year) Industrial Accident Conviction Reports

  • Most Common charges in industrial-accident / machinery contexts relate to guarding, lockout/blocking, and control of hazardous energy, under OHSA + Reg. 851.
  • These stem from specific regulatory obligations: s. 24 (guarding, s. 75 (stop + block), s. 76 (prevent startup), plus related control or protection device obligations.
  1. Increased focus + serious consequences for machine-guarding failures
    • In 2024, the Ontario Court of Appeal increased a fine fivefold to $40,000 (plus surcharge) against an employer whose worker was critically injured when her hair got entangled in an unguarded spindle. The conviction was for violating Reg. 851, s. 24, under OHSA s. 25(1)(c).
    • In 2025, a Brampton-based manufacturer was fined $225,000 after a worker was fatally injured. The court found inadequate machine guarding to prevent access to a pinch point, contrary to Reg. 851, s. 25.
    • A Brandford farmer pleaded guilty in 2024 for failing to provide guarding, resulting in a worker's death. They violated Reg. 851, s.25(1)(c) (in-running nip hazard) as per OHSA. The fine was $125,000 plus a victim surcharge.
  2. Locking/blocking violations remain legally risky
    • In 2019, a manufacturer (Canadian General-Tower) was fined $125,000 after a worker was pulled into a conveyor belt. The conviction cited a failure to block a stopped part that could move (ex: lockout + blocking).
    • In another case, THS Industries Ltd. (a nail manufacturer) and its CEO were fined a total of $100,000 in 2023 for guards having been removed or bypassed on machines, even though no injury occurred. The charge was under Reg. 851, s. 25.
  3. Machine-maintenance safety is also being prosecuted
    • A lumber company was fined $500,000 in 2023 after a worker was fatally injured during maintenance because the machine wasn't properly locked out.
    • In 2024, an Ontario-based employer was fined $80,000 after a grinding/tool change incident: a guard had been removed from the grinding machine, and a worker was injured when someone turned it on. Charge was under Reg. 851, s. 24
  4. Regulatory and legislative context
    • The Ministry's 2019 machine guarding inspection initiative (Feb-Mar) resulted in 737 field visits, 602 workplaces, and 2,998 orders (including 98 stop-work orders).
    • As of 2024, there is proposed (or introduced) legislation raising penalties: under Bill 229 ("Working for Workers Six Action, 2024"), the government introduced a minimum $500,000 fine for a second or subsequent OHSA conviction that results in death or serious injury.

 

The Take-Away

  • The severity of fines in recent cases suggests that courts are treating machinery-related contraventions very seriously: fines of tens to hundreds of thousands, especially when guarding or lockout failures lead to injury or death.
  • The regulatory environment is tightening: both in enforcement (inspection blitzes) and potential legislative changes (higher minimum penalties for repeat or serious-injury cases).