Blog Post #939 – Grader Operator and Construction Firm Sentenced Over Incident

Blog Post #939 – Grader Operator and Construction Firm Sentenced Over Incident

Excerpt from the OH&S Canada magazine

Two companies were fined on July 17, 2018 after a construction worker was run over by a reversing greater.

According to a statement from Ontario’s Ministry of Labour, the two companies involved in the incident are CRH Canada Group Inc. operating as different construction company in Longuiel, Québec and William James Price operating as Bill Price Grader Rentals in Stoney Creek, Ontario.

The incident occurred in Hamilton, Ontario when William James Price was contracted by CRH Canada Group Inc. to provide creating services for road construction work. Price, which owns and operates the greater, required another worker to be in front of or behind the greater to provide the greater operator with information. Price was operating the greater in a forward direction, while the other worker was using a plate tampered to packed gravel, putting the worker behind the grader.

An investigation by the labour ministry found that although the grader was equipped with a back-up alarm when the grader was reversing, the alarm malfunctioned. The worker operating the temper did not see or hear the approach in greater. As a result, the worker suffered multiple injuries after being ran over by the reversing grader.

CRH Canada Inc. was fined $90,000 after pleading guilty to failing to provide signs in conspicuous places to warn workers of the danger of reversing equipment, while Price was fined $5,000 for failing to ensure that all vehicles, machinery, tools and equipment were maintained in a condition that does not endanger a worker.

My opinion,

It seems to me, that section 44, subsections 1 and 2 of the Ontario ‘Construction’ sector regulation 213/91 was in violation. It states,

44. (1) Signs meeting the requirements of subsection (2) shall be posted in prominent locations and in sufficient numbers to warn workers of a hazard on a project.

(2) A sign shall contain the word “DANGER” written in legible letters that are at least 150 millimetres in height and shall state that entry by any unauthorized person to the area where the hazard exists is forbidden.”

William James Price HAD to have been charged under the Ontario Occupational Health and Safety regulation, section 25, subsection 1(b) which states,

“An employer shall ensure that,

(b) the equipment, materials and protective devices provided by the employer are maintained in good condition.”

Section 14, subsection 4 of regulation 213/91 could also have been used here. It states,

“(4) An inspection shall be made at least once a week or more frequently as the supervisor determines is necessary in order to ensure that the machinery and equipment referred to in subsection (3) do not endanger any worker.”

Ensure your workplace is a safe place.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.

 

Dan
Share