Workplace Injury Results in $110,000 Fine for Toronto Dairy Products Employer

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Convicted: Lactalis Canada Inc., 1000-405 The West Mall, Toronto, Ontario, M9C 5J1

Location of Workplace: 100 St. George Street, Mitchell, Ontario

Description of Offence: A worker sustained burns while trying to repair a Cleaning in Place (CIP) pipeline system. Lactalis Canada Inc. failed, as an employer, to provide information, instruction and supervision to protect the health and safety of the worker at a workplace, contrary to section 25(2)(a) of the Occupational Health and Safety Act.

Date of Offence: March 29, 2023

Date of Conviction: April 25, 2024

Penalty Imposed:

• Following a guilty plea in the Ontario Court of Justice, Stratford, Lactalis Canada Inc. was fined $110,000 by Justice of the Peace Michael Cuthbertson. Crown Counsel was Judy Chan.
• The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Background:

• Lactalis Canada Inc. manufactures dairy products such as cheese, milk, yogurt and butter at its Mitchell facility. That facility has a network of stainless-steel pipelines used to produce and distribute liquid and semi-liquid products throughout the facility.
• To prepare the pipelines for the next batch of product, a CIP method is used. It is a process that includes injecting cold and hot water, chemicals and acid through the pipelines. The pipelines have valves which open and close to direct the flow of material.
• On March 29, 2023, a millwright was asked to fix a valve that would not open, preventing the CIP process from completing. After testing it from the control panel, the worker decided the valve needed to be removed to fix the problem. Before beginning this task, they made sure the system was not running; however, they did not lock it out.
• To reach the valve, the millwright had to use a Skyjack Scissor Lift and asked a plumber, who was employed by a sub-contractor, to assist.
• The millwright began loosening the clamp around the base of the valve with the help of the plumber. A slow drip of lukewarm water came out. When the millwright finally managed to remove the valve, a spray of hot liquid came out of the pipe and struck the millwright, causing serious burns.
• Because the system was not locked out, it automatically re-started rinsing the pipeline with the acid mixture, at a temperature between 153 to 175 degrees Fahrenheit.
• An investigation by the Ministry of Labour, Immigration, Training and Skills Development revealed that while the millwright had received general lockout training, they had not been given lockout and tagout training specifically for the cleaning-in-place of the pipeline.
• Lactalis Canada Inc. failed as an employer to provide information, instruction and supervision to a worker with respect to the safe lockout/tagout of the CIP pipeline system, contrary to section 25(2)(a) of the Act.

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