Blog Post #1520 – Conviction Spurs Fine in Newfoundland

Excerpt from the OH&S Canada magazine (January 2017)

The Newfoundland and Labrador Department of Transportation and Works was fined $90,000 on December 22, 2016 following its conviction for violating five sections of the province’s Occupational Health and Safety Act.

According to court documents, the conviction stemmed from an incident that had resulted in the death of a line painter on the Trans Canada Highway more than three years earlier. Wayne Wall, 40 years of age, was working with a paint crew on the highway on the west coast of Newfoundland, about two kms west of Flat Bay, on the morning of July 23, 2013. As the workers were preparing to paint a “Yield” indicator on the eastbound lane, a pickup truck struck and killed Wall, while reportedly hospitalized another Department employee. Two people in the truck were also injured.

Two years to the day after the incident, Service N.L. charged the Department of Transportation with eight workplace-safety violations. In her written report, Judge Lyn E. Cole sentenced the Department to pay $15,000 fine within 90 days. The Department was also ordered to set aside $75,000, partly to pay for a safety audit of its traffic-control programs, as well as for donations to WorkplaceNL and Threads of Life, a national organization that assists families of victims of workplace tragedy.

“The safety audit is to be conducted by an independent safety consultant mutually aggregable to the Department of Transportation and Works and the occupational health and safety branch of Service N.L.,” writes Judge Cole, referring to the province’s labour Ministry. “The Department… is to implement any recommendations mad as a result of the safety audit, including (the provision of) any further training to staff identified.”
The audit is to be completed by July 2017, with recommendations implemented within the following six months.”

My opinion

Traffic Control is a course taught in the construction sector but I was surprised that the Roads departments in any province would not have a set of strict controls when setting up any roadwork to be done, especially on highways.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Construction Flagging’.

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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