Conviction - Newfoundland Containers Limited

Newfoundland Containers Limited pled guilty and was fined $1,500 in Provincial Court for violating section 33(1) of the Occupational Health and Safety Regulations. The charge was laid arising from an investigation into an accident that occurred September 9, 1996. A worker at the facility received a broken foot and other injuries when the clothing he was wearing became caught in an unguarded drive shaft of a motor.

Section 33(1) of the regulations requires the employer to ensure that machinery with moving parts which may pose a hazard to workers, be equipped with a guard to provide protection for workers against contact with moving parts.

The charge was laid in this case because the investigation revealed the company failed to ensure compliance with safety legislation despite repeated orders from occupational health and safety inspectors. A review of the company file revealed that over the past several years, occupational health and safety officers had issued Newfoundland Containers Limited five orders pertaining to missing guards on equipment prior to the September 9 accident. As well, a review of minutes of the company's occupational health and safety committee meetings held over the past several years, identified that during at least 10 separate workplace safety committee meetings, concerns about missing guards were documented.

Kevin Alyward, Minister of Environment and Labour, says the department will continue to prosecute those employers or workers who repeatedly fail to comply with the requirements of health and safety regulations.

Contact: Sean Kelly, Director of Communications, (709) 729-2575.