Excerpt from the OH&S Canada magazine
A traffic service information company was fined $100,000 in connection with the road worker fatality last year.
Pyramid Traffic, based in Grimsby, Ontario, was fined on August 19, 2013 after pleading guilty to failing to take every precaution reasonable in the circumstances for the protection of a worker.
On June 18, 2012, two road workers were setting up to install an automatic traffic counter in a passing lane on a road in Milton. As the workers activated their work vehicle’s warning lights, they stopped in the passing lane and stepped out to prepare their equipment. Meanwhile, an approaching pickup truck hit the vehicle, which spun in fatally struck one of the workers.
A ministry investigation found that the employer failed to ensure the flow of traffic was appropriately with the use of assigned truck equipped with a flashing arrow and properly positioned ahead of the work vehicle.
My opinion
The laws in contravention:
Pyramid traffic was found guilty of a contravention of section 25, subsection 2 (h) of the Occupational Health and Safety Act (OHSA) which states,
The employer shall,
“Take every precaution reasonable in the circumstances for the protection of a worker.”
I also felt that Pyramid Traffic would be in violation of section 67, subsections 4, 5 and 6 which state,
(4) “Every employer shall develop in writing and implement a traffic protection plan for the employers’ workers at a project if any of them may be exposed to a hazard from vehicular traffic.”
(5) “The traffic protection plan,
(a) Shall specify the vehicular traffic hazards and the measures described in subsection (2) to be used to protect workers; and
(b) Shall be kept at the project and made available to an inspector or a worker on request.”
(6) “A worker who is required to set up or remove measures described in subsection (2) on a roadway or a shoulder of a roadway,
(a) Shall be a competent worker;
(b) Shall not perform any other work while setting up or removing the measures; and
(c) Shall be given adequate written and oral instructions, in a language that he or she understands, with respect to setting up or removing the measures.”
There is that word, ‘Competent’ once again. The legal definition is easy to understand and training is always a keep component.
“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.
This definition CAN be found in the definitions section of the OHSA. Please review before any work is to be done. You will certainly be glad you did.
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’, ‘Traffic Control Person Training’, ‘Construction Safety Awareness’ 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.
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