Blog Post #1503 – Pedestrian Fatality in Construction Work Zone Results in $125,000 Fine for Concord Employer

Excerpt from the government of Ontario’s ‘Newsroom’

A pedestrian was fatally struck by a dump truck in a work zone near a TTC bus stop. D & A Road Services Inc. failed to ensure that measures and procedures under section 65 of Ontario regulation 213/91, which requires a fence to be constructed between the public walkway and the project were carried out in the workplace.

D & A Road Services Inc. was removing asphalt from the roadway on Finch Avenue and loading it into dump trucks operated by separate contractors.

There was a pedestrian crossing within the work zone, and work operations would stop periodically, including to allow pedestrians to travel along the crossing, within the orange barriers, to and from a temporary bus stop.

On April 15, 2021, D & A Road Services Inc.’s milling operations stopped when a dump truck reached capacity, requiring it to exit the work area and unload offsite.

Before exiting the work area, the dump truck operator stopped to complete administrative paperwork, stationing the loaded dump truck on or near a pedestrian crossing, where the orange barriers had been temporarily moved to restrict pedestrian access to the work zone.

During this time, a member of the public was observed entering the work zone through the orange barriers that were left slightly ajar, to retrieve a plastic bag.

At the same time, the truck operator finished the paperwork and resumed operating the dump truck, striking the pedestrian.

The pedestrian suffered fatal injuries.

Following a guilty plea in the Ontario Court of Justice in Toronto, Ontario, D & A Road Services Inc., was fined $125,000 by Justice Leslie Chapin. Crown Counsel was 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.

My opinion

The law(s) in contravention:

D & A Road Services Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 65 which states,

“If work on a project may endanger a person using a public way, a sturdy fence at least 1.8 metres in height shall be constructed between the public way and the project.”

What a travesty!

A person from the public was able to breach part of a construction zone.


I was very surprised that something like this could happen in today’s safety-conscience workplace.

I guess I was mistaken.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

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.




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