A worker suffered a serious hand injury while working on an Ontario steel mill. The company was charged with failing to equip the mill with a guard as required by OHS regulations. It argued that it had complied with this requirement by setting safety policies and procedures for the mill’s operation. For example, a worker was stationed in the mill’s control booth to act as an “operating control” and prevent injuries to co-workers. The court ruled that the regulation required the mill to have a physical guard. Policies and procedures aren’t adequate substitutes for mandatory physical and engineering safeguards, it explained. In fact, the company’s policies and protocols had been followed—a worker was in the control booth when the incident occurred. But they didn’t prevent the incident, noted the court. So it ruled that the company hadn’t taken all reasonable steps to prevent the incident and was liable [Ontario (MOL) v. Dofasco Inc.].
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