Excerpt from the government of Ontario’s ‘Newsroom’
On September 30, 2015, A pedestrian was killed after being struck by a road grader that was reversing. The worker was working for Interpaving Limited in Sudbury, Ontario, a company contracted to undertake water-main improvements and repaving in downtown Sudbury.
Gravel grading operations were underway on the site and a road grader was being operated in reverse at an intersection.
The City of Greater Sudbury had a contract with the Greater Sudbury Police Service to provide paid-duty police officers at the project; on that day the city did not provide paid-duty officers to direct and protect motor vehicle and pedestrian traffic at the project.
The operator’s visibility was restricted due to a blind spot and the operator was not being assisted at that location by a signaler or a paid-duty police officer.
A pedestrian proceeded into the intersection against a red traffic light and was struck by the reversing grader. The pedestrian suffered fatal injuries.
Interpaving and the City of Greater Sudbury failed to comply with section 104(3) of the Construction Projects Regulation (Ontario Regulation 213/91) .
A trial commenced on March 28, 2018 with the City of Greater Sudbury as the defendant.
Following a guilty plea, the company was fined $195,000 by Judge Andrew Buttazzoni in Sudbury court; Crown Counsel David McCaskill.
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.
The law(s) in contravention:
Interpaving Ltd. was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 104, subsection (3) which states,
(3) “Operators of vehicles, machines and equipment shall be assisted by signallers if either of the following applies:
- The operator’s view of the intended path of travel is obstructed.
- A person could be endangered by the vehicle, machine or equipment or by its load.”
The City of Greater Sudbury began its trial on the same day Interpaving Ltd. was convicted, March 28, 2019.
Construction flagging is a required training course for most companies today. HRS has an on-line course that will meet your needs. Check out www.hrsgroup.com for more details.
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Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.