Blog Post #1534 – Workplace Fatality Results in $280,000 Fine for Toronto Waste Management Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker was fatally struck by a dump truck at a landfill site. Waste Management of Canada Corporation failed, as an employer, to protect a worker by ensuring the safety measures and procedures required for a signaler were carried out, as outlined in the Occupational Health and Safety Act.

Waste Management of Canada Corporation (WMCC) is the owner of a landfill site that was previously a municipal waste dump in the Township of Whitchurch-Stouffville. The company’s permit requires proper grading to prevent surface water run-off and ponding on the waste pile.

To help with this, the company hired Terra Nova Environmental Services Inc. (Terra Nova) to provide environmental remediation and project management. The contract stipulated that Terra Nova was solely responsible for the work of Terra Nova employees and its agents, subcontractors or suppliers. In addition, Terra Nova was to ensure the work was performed in compliance with all applicable laws and WMCC’s operating and safety procedures for the landfill tipping face (area where soil is dumped).

The safely procedures included a ban on walking behind vehicles or heavy equipment, requiring anyone directing traffic to do so away from the tipping floor and path of vehicles or heavy equipment. The procedures also required operators to discuss hand signals with all helpers before starting a two-person backing up process.

On December 9, 2021, a worker provided by a company sub-contracted by Terra Nova was at the dump site performing work as a signaller for dump trucks unloading soil. The job entailed guiding trucks to the tipping face.

That afternoon a truck arrived to dump its load. Contrary to safety procedures, the signaller did not give verbal direction to the driver, instead they left their vehicle, walked up the hill towards the dump location and attempted to guide the driver to the proper location. At this point, the driver reversed up the hill and fatally struck the signaller.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development determined while WMCC had comprehensive safety procedures for the tipping face and there was a contractual agreement that Terra Nova would oversee the project and ensure those procedures were followed, WMCC was also liable, as one of the employers, because it subcontracted the work.

Charges were also brought against other companies involved and the driver of the dump truck and those cases are ongoing.

Following a guilty plea in the Ontario Court of Justice, Newmarket, Waste Management of Canada Corporation was fined $280,000 by Justice of the Peace Rhonda Shousterman. The Crown Counsel was Giuseppe Ferraro.

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:

Waste Management of Canada was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 106, subsection (3) which states,

“The signaller shall communicate with the operator by means of a telecommunication system or, where visual signals are clearly visible to the operator, by means of prearranged visual signals.”

This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,

“An employer shall ensure that,

(c)  the measures and procedures prescribed are carried out in the workplace.”

I would wager that Waste Management was surprised about their own fine and their responsibility. Under section 32, subsection 1(a) of the same OHSA states,

“A constructor shall ensure, on a project undertaken by the constructor that,

• the measures and procedures prescribed by this Act and the regulations are carried out on the project.”

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.

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.