The Ontario Ministry of Labour prosecuted Linamar Holdings Inc. (operating as Transgear Manufacturing) on three counts under the Occupational Health and Safety Act arising from a workplace accident on May 20, 2009, in which a certified millwright, Amelio Aramini, was electrocuted while troubleshooting a leak in an induction hardening machine (KVA 003).
Count 1 alleged failure to ensure prescribed measures under Ontario Regulation 851, section 41 regarding signage in rooms or similar enclosures containing exposed live electrical parts.
Count 2 alleged failure to provide information, instruction, and supervision regarding safe troubleshooting procedures and electrical hazards.
Count 3 alleged failure to acquaint the worker with electrical hazards.
The court found the defendant guilty on Count 2 only, dismissing Counts 1 and 3.
The decision emphasizes that troubleshooting is an exception to lockout procedures, that the defendant failed to provide adequate machine-specific guidance for troubleshooting, and that the unmarked electrical bus bars resembling water pipes contributed to the accident.
