Excerpt from the government of Ontario’s ‘Newsroom’
Furfari Paving Company Ltd. pleaded guilty and has been fined $80,000 after a worker was injured while performing traffic control duties at an intersection.
In 2014 the company was resurfacing roads in various areas of Brampton. On November 28 of that year, company workers were at the intersection of Goreway Drive, Jacksonville Drive and Rosegarden Drive, where one of the workers was working as a traffic control person. The worker was using a Slow/Stop sign mounted on a pole and was wearing high-visibility clothing.
The worker attempted to direct the driver of a vehicle in the eastbound lane of Jacksonville Drive to stop, and was in the process of allowing stopped vehicles in the southbound lane of Goreway Drive to proceed. Instead, the eastbound vehicle entered the intersection and struck the worker.
The driver of one of the southbound vehicles called 91l and police and emergency services responded. The worker was transported to hospital where it was determined the worker had suffered fractures and contusions.
The paving company failed to ensure compliance with section 69(2) of Ontario Regulation 213/91 (the Construction Projects Regulation). This regulation states that a worker shall not direct vehicular traffic for more than one lane in the same direction.
Furfari Paving Company Ltd. pleaded guilty and was fined $80,000 in Brampton court by Justice of the Peace Liisa Ritchie on February 9, 2016.
In addition to the fine, the court 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.
My opinion
The law(s) in contravention:
Furfari Paving Company Ltd. was found guilty of a contravention of the Ontario ‘Construction’ regulation 213/91 section 69(2) which states,
“A worker shall not direct vehicular traffic for more than one lane in the same direction.”
Furfari Paving Company Ltd. was also found guilty of a contravention of the Ontario Occupational Health and Safety Act, section 23(1)(a) which states,
“A constructor shall ensure, on a project undertaken by the constructor that,
(a) the measures and procedures prescribed by this Act and the regulations are carried out on the project.”
Well, guess what? This is the second time Furfari Paving has been on one of my blog posts. Please check out blog post #208 for further details.
Actually, on July 30, 2008, two workers employed by Furfari were operating an asphalt road milling machine, otherwise known as a “grinder”. They were fined $110,000 as one worker was killed.
As an employer, myself, the need to understand the OHSA with all its sections and regulations is paramount. Obviously, there were no written work procedures and the worker did not have traffic control training that would have covered this. Too bad they never really developed a health and safety culture in their business.
Too bad for their workforce!
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Construction Safety Awareness’, Traffic Control Person’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.