Workplace Injury Results in $60,000 Fine for Ontario Pharmaceutical Company

October 17, 2022

Labour, Immigration, Training and Skills Development

Convicted: Patheon Inc., a subsidiary of Thermo Fisher Scientific (Mississauga) Inc.,1 University Ave., 3rd Floor, Toronto, Ontario

Location of Workplace: 2100 Syntex Court, Mississauga, Ontario

Description of Offence: A worker was directed to clean out a hopper for a dust collection system. The hopper had a rotary valve with blades inside. While the worker was cleaning it, not all the dust and debris came out. The worker used their hand to reach inside to clear the remaining debris, contrary to company policy and training. The worker sustained injuries as a result. Patheon Inc., a subsidiary of Thermo Fisher Scientific Mississauga Inc., failed to ensure that the hopper was locked-out prior to cleaning, contrary to section 76 of Regulation 851 of the Occupational Health and Safety Act.

Date of Offence: January 3, 2021

Date of Conviction: October 4, 2022

Penalty Imposed:

  • Following a guilty plea in the Ontario Court of Justice, Central West Region, Patheon Inc., a subsidiary of Thermo Fisher Scientific (Mississauga) Inc., was fined $60,000 by Justice of the Peace Valerie Carty; Crown Counsel, Mike Nicol.
  • 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:

  • On January 3, 2021, a worker was cleaning out a hopper for a dust collection system, which contained a rotary valve with blades.
  • While the worker was cleaning it, not all the dust or debris came out.
  • As per the usual procedure, the worker then used a stick to bang on the sides of the hopper but that did not dislodge the contents.
  • Contrary to company policy and training, the worker reached inside to clear the remaining dust and debris with their hand.
  • The hopper was not lockedout during the cleaning process as required by the Regulation, and the blades were still turning.
  • As a result, the worker sustained injuries.
  • Patheon Inc., a subsidiary of Thermo Fisher Scientific (Mississauga) Inc., failed to ensure that the hopper was locked-out prior to cleaning, contrary to section 76 of Regulation 851 of the Occupational Health and Safety Act.