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Machine Guarding The Legal Perspective

Machine Guarding The Legal Perspective. Presented By : Ian A. Bergeron Safety Professional & Paralegal Stringer Brisbin Humphrey. Court Expectations R. v. Dofasco Inc. 2008. L eave to appeal to the Supreme Court of Canada denied

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Machine Guarding The Legal Perspective

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  1. Machine GuardingThe Legal Perspective Presented By: Ian A. Bergeron Safety Professional & Paralegal Stringer Brisbin Humphrey

  2. Court Expectations R. v. Dofasco Inc. 2008 • Leave to appeal to the Supreme Court of Canada denied • The purpose of “guarding” under the Regulation(s) is to prevent advertent and inadvertent conduct on the part of the employee from resulting in injury to the worker, and in particular, to take individual discretion, judgment and degree of concentration & capability out of the equation. • Employee misconduct does not go to the actus reus ("guilty act“) of the offence. Rather, at least in relation to employees carrying out their work, the employer is strictly liable if it fails to comply with its obligations and there is no suggestion that employee misconduct constitutes any form of defence.

  3. OHSA Key Sections • 25.  (1) An employer shall ensure that, (for $500,000) • (a) the equipment, materials and protective devices as prescribed are provided; • (b) the equipment, materials and protective devices provided by the employer are maintained in good condition; • (c) the measures and procedures prescribed are carried out in the workplace; • (d) the equipment, materials and protective devices provided by the employer are used as prescribed; • 28.  (2) No worker shall, (for $25,000) • (a) remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately;

  4. Compliance Solutions • Compliance with the CSA Z432 • Certification from P.Eng. • Section 7, Pre-start H &S Review

  5. O’Reg. 851 24. Where a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, the machine or prime mover or transmission equipment shall be equipped with and guarded by a guard or other device that prevents access to the moving part. 25.  An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point.

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