Blog Post #1573 – Workplace Fatality Results in $120,000 Fine for Richmond Hill Equipment Rental and Earthworks Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by TMI Contracting and Equipment Rental Ltd. of Richmond Hill, Ontario, was fatally struck by a dump truck at a landfill site. The employer failed to protect a worker by ensuring the safety measures and procedures required for a signaller were carried out, as outlined in 106(3) of Regulation 213/91 of the Occupational Health and Safety Act.

TMI Contracting and Equipment Rental Ltd. was sub-contracted to provide equipment and workers for the grading of soil being brought into a landfill site.

On December 9, 2021, a TMI worker was acting as a signaller for dump trucks unloading soil. The job entailed guiding trucks to the tipping face of the landfill.

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.

TMI Contracting and Equipment Rental Ltd. failed to ensure that the signaller communicated with the truck driver by means of a telecommunication system or, where visual signals were clearly visible to the driver, by means of prearranged visual signals, contrary to subsection 106(3) of Regulation 213/91, violating s. 25(1)(c) of the Occupational Health and Safety Act.

Last November, Waste Management of Canada Corporation – the owner of the landfill site – pled guilty and was fined for the same offense. Charges were also brought against other sub-contractors involved and the driver of the dump truck. Those cases are ongoing.

Following a guilty plea in the Ontario Court of Justice, Newmarket, TMI Contracting and Equipment Rental Ltd. was fined $120,000 by Justice of the Peace Rhonda Shusterman. 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:

TMI Contracting and Equipment Rental Ltd., 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 in direct contravention of 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.”

It is too bad that the employer did not see the benefit of training as a construction flagger.

Too bad for the worker and his/her family. This could easily have been prevented.

HRS Group Inc. has a great team that can help you with all your health and safety needs. 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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