Business fined $25K after log shoots into man's groin, exits through buttocks
A Manitoba lumber manufacturer has been fined $25,000 after one of its employees had a log shot through his groin and out his buttocks in a case of "worst possible timing" while on the job.
Judge Christine Harapiak made the ruling on Friday, after Swan-River based Spruce Products Ltd. pleaded guilty to violating the Workplace Safety and Health Act.
The employee was working on an edger, a machine used to smooth rough pieces of lumber, in May 2013 when the accident happened.
The worker noticed a log had gotten stuck on its way into the machine, and put it in reverse so he could adjust its position on the conveyer belt.
But he didn't realize a log had been added on the other side, sending it shooting into his left groin. According to court documents, the log went through his groin and exited through his right buttock.
He was rushed to hospital, where he spent five days recovering.
Now, two years later, the man can't sleep, still suffers from pain and thinks about the accident daily.
Spruce Products Ltd. pleaded guilty to violating health and safety rules.
The company did have a rule in place about not standing in line with the edger when it was in reverse, but there was some question about how that rule had been communicated to the employee, who had worked at the company for 30 years and on that machine for 20 of them.
The rule wasn't written down – which was what Spruce Products ended up being fined for.
Harapiak called the accident a case of "worst possible timing" in her ruling.
The worker had checked a mirror to make sure there were no other logs on the conveyer belt that could shoot back at him if he reversed the machine, but another employee had spotted one on the ground and tossed it on as the victim looked away from the mirror and put the machine in reverse.
Both the Crown and Spruce Products' lawyer recommended the $25,000 fine, but Harapiak did say she was worried the fine was too small and would send the wrong message to other businesses.
Under the act, businesses can be fined $250,000.
The joint recommendation came as part of a "true plea bargain" to avoid the worker having to testify extensively, Harapiak said in her ruling.
