IKO Industry review: defective shingles with fraudulent warranty 5

IKO/CRC WORKPLACE INJURIES, CONVICTIONS UNDER OHSA

CanRoof and IKO (“IKO”), have had 18 workplace critical injury accidents including fatality of production supervisor Shawn Herbert Coffey, 42, who was electrocuted on a 4000V machine, and have been convicted and fined multiple times for violating sections 25, 76 under Occupational Health Safety Act (OHSA), operating machines without guarding, and failing to lock out hazardous equipment..

On January 2014 IKO was convicted after a worker hand was caught in a runder section 25 OHSA 851 and fined $60, 000 by Justice of the Peace Hilda Weiss for failing to ensure that the line’s rollers were equipped with a guard or other device to prevent access to the pinch point.

It is an implied term in all contracts that the employer will act with care and provide a safe workplace in compliance with Occupational Health safety Act, (OHSA), and their legal duties under section 217.1 of the Criminal Code.

An employer who negligently makes untrue, inaccurate or misleading statements, or who negligently omits to disclose relevant information to an employee may be liable for the damages the employee suffers as a result under the tort of negligent misrepresentation: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87; Allison v. Noranda Inc., 2001 NBCA 67 (CanLII), [2001] N.B.J. No. 241 (QL), 9 C.C.E.L. (3d) 280 (C.A.).

The plaintiff was solicited, induced by CRC misrepresentations of full time employment, scope of work, working conditions and lured away from secured employment, into a four (4) month precarious vulnerable contract as a Black Belt Project Coordinator, , to improve reliability of a dangerous unsafe machine, which IKO negligently misrepresented as being safe and OHSA compliant, which was not the case.

During his work period plaintiff discovered that IKO had removed the safety brakes to reduce downtime and the unwinder was being operated with exposed crushing hazards drive shaft without any safeguards and with removed the safety brakes from the unwinder to reduce downtime. IKO had already a critical injury in 2016 on same machine

OHSA EMPLOYER DUTY when appointing a supervisor, appoint a competent person;
competent person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace; (“personne compétente”)

His manager Allan Stokes was not competent as defined under section 2 OHSA, he lacked basic understanding of OHSA, and his legal duties under BILL C-45 nor what his legal statutory duties

Allan stated that the guarding was not required and that the critical injury was due to safety brake seizing. Issue was corrected by disconnecting the safety brakes. Dennis Stacey plant manger corrected the issue by removing the safety brakes.

Hi Dennis/Andrew,

As you are already aware, the unwinder is not guarded, rotating hazards and pinch points are exposed . There is no EMERGENCY stop in case of emergency to stop the drive shaft rollers in case someone has his foot or leg or finger crushed between the rollers. The roll tag states weight of 478 KG which is over 1000 Lbs in weight . That kind of weight can cause a critical injury crushed limb, hand or foot. In addition there is no lock out tag out being done. The energy sources are not designed for locking out and have to be retrofitted.
The safety brakes have been removed which is the cause of why the machine is jerking back forth every cycle due to load unbalance.

Two (2) operators have expressed their concerns to me about the rollers, when they are changing rolls, or making splices and advised me of near misses they had one who lost his glove in between the rollers another who almost had his foot caught between the rollers when the drive 2 restarted without warning but was able to pull away in time. YOU HAVE LEGAL DUTY TO TAKE ACTION AND NOT WAIT FOR ANOTHER FATALITY.

ARE YOU AWARE OF BILL C 45 AND 217 CRIMINAL CODE? READ IT BECAUSE IF A WORKER GETS IN INJURED AFTER READING THIS AND YOU TAKE NO ACTION YOU ARE GOING TO JAIL. IF YOU KILL A WORKER YOU ARE GOING TO JAIL.

In order to ensure that there is no doubt about the seriousness and requirements under law, . I have cited the specific sections in the attached document from regulation 851 OHSA Industrial Establishments for each safety violation / issue mentioned.
you have 24hrs to take action otherwise we will call the MOL TO FORCE YOU TO COMPLY WITH LAW.
IF A WORKER OPERATES EQUIPMENT WITHOUT GUARDING THEY GET FIRED ON THE SPOT. IF A DIRTY PLANT MANAGER DIRECTS WORKERS TO OPERATE EQUIPMENT WITHOUT GUARDING VIOLATES OHSA WITH IMPUNITY GETS A BONUS.

Plant manager refused to comply with OHSA and guard the machines. The MOL was called and 3 orders issued forcing him DENNIS STACEY plant manager to comply with the law.

I work for CanRoof Corporation division of IKO as a QC INSPECTOR. I am ashamed of what we do and felt i have to tell the truth.
There is ABSOLUTELY ZERO ASTM nor CSA tests being done on any product. The claims being made are fraudulent. We never had anyone in 17 years come and sample any product
Even the rejected bundles which operators reject management puts them back into production to hit their numbers.
If you Look at the bundles you will see often BURN THRU HOLES in the film packaging, that is because they are defective the plastic film is too thin burning creating holes in the oven. Those holes are prone to contamination and shingles degrade exponentially.

99% of the claims we get are related to the bundles which had holes in them
My suggestion if you are going to buy IKO look at it carefully see on the packaging if the writing is aligned and if there are any holes or tears. Pull the heat seal open little, if it opens up it is garbage do not buy it
75% of what ship is defective BE AWARE OF THE HOLES IN THE PACKAGING
D.J.