Excerpt from the government of Ontario’s ‘Newsroom’
On February 18, 2020, York Developments (London) Inc. was the owner and constructor of a project to build two condominium towers on Fanshawe Park Road West in London.
Arcon Electric Ltd. had been hired as a subcontractor to provide plumbing, and another construction management company had been hired to act as the project manager.
The building site was accessible by three driveways: one on the east side of the project, one on the west and one between the two towers. On this day, workers from Arcon Electric were expecting a delivery truck, which entered the centre driveway between the two buildings.
Because there was another truck already on the driveway and there was not enough space for the delivery truck to turn around, the site supervisor, employed by the construction management company, told the driver to reverse back down the driveway and continue reversing along Fanshawe Road until they arrived at the east driveway.
The project manager asked two workers from Arcon to act as signallers for the reversing truck, one in front and one behind. While the truck was reversing along Fanshawe Road, the driver accelerated slightly because there was a break in traffic that would allow a turn into the driveway. The driver did not know there was a worker behind the truck, acting as a signaller. The truck struck and severely injured the worker.
Following guilty pleas by both companies in the Ontario Provincial Offences Court, London, York Developments (London) Inc. was fined $55,000 and Arcon Electric Ltd. Was fined $35,000 by Justice of the Peace Kristine M. Diaz; Crown Counsel, Judy Chan.
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.
My opinion
The law(s) in contravention:
York Development (London) Inc. was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 23, subsection 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.”
York Development (London) Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 104, sub-section (1) which states,
“Every project shall be planned and organized so that vehicles, machines and equipment are not operated in reverse or are operated in reverse as little as possible.”
Arcon Electric Ltd., was found guilty of a contravention of the ‘Construction’ regulation 213/91, section 106, sub-section (1.1) which states,
“The signaller shall wear a garment that covers at least his or her upper body and has the following features:
- The garment shall be fluorescent blaze or international orange in colour.
- On the front and the back, there shall be two yellow stripes that are 5 centimetres wide. The yellow area shall total at least 500 square centimetres on the front and at least 570 square centimetres on the back.
- On the front, the stripes shall be arranged vertically and centred and shall be approximately 225 millimetres apart, measured from the centre of each stripe. On the back, they shall be arranged in a diagonal “X” pattern.
- The stripes shall be retro-reflective and fluorescent.”
This is contrary to the OHSA, section 25. Sub-section 1(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Another accident that should never had happened. A hazard assessment MAY have identified the lack of turn-around space.
Too bad for the employee. He/she should have been protected.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”!
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.