Blog Post #1618 – Waterford Waste Disposal Company Fined $160,000 After Worker Fatality

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by Norfolk Disposal Services Limited of Waterford, Ontario was fatally injured after a waste collection truck tipped over on a collection route. The company failed to provide information, instruction and supervision to a worker to ensure they were able to operate the vehicle safely, as required by section 25(2)(a) of the Occupational Health and Safety Act, contrary to section 66(1) of the Act.

On April 11, 2022, a worker was driving a waste collection truck. The truck the worker used can be operated from the right side, so that the driver can exit the cab, collect waste and re-enter the cab all from the curb side of the vehicle. Drivers must stand to operate the vehicle from this side.

Some company drivers operated the truck with the door open, and not all drivers wore seatbelts consistently, because of the extra time it took to enter and exit the vehicle between stops. While the company had a 32 km/h speed limit for operating the truck from the right side, not all drivers adhered to it.

On this day, the worker was following a route they had driven before when the truck abruptly crossed the road and entered the opposite ditch. The truck tipped over and the worker, who was operating the vehicle from the right side, was fatally injured.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that the training provided by the company to new hires included rules for operating waste collection vehicles, videos of defensive driving techniques and in-class tests.

Experienced drivers also provided in-truck instruction and feedback for two to three weeks before a new hire was cleared to operate on their own. However, trainers did not have a checklist to confirm and record that new drivers met all the required competencies before being authorized to operate the vehicle.

Workers were not consistently trained to wear seat belts or close the right-side door while operating the waste collection trucks and they were not trained on the operator’s manual of the vehicle, which states that the truck should only be operated from the right side when the seat belt is used.

The company did not have a system in place to ensure that drivers received information or instruction on how to safely operate waste collection trucks from the right side.

The company also did not have a system in place to supervise drivers during their curbside pickup routes.

Following a guilty plea in the Provincial Offences Court, Simcoe, the company was fined $160,000 by Justice of the Peace Audrey Greene Summers; Crown Counsel was 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:

Norfolk Disposal Services Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(a) which states,

“An employer shall,

• provide information, instruction and supervision to a worker to protect the health or safety of the worker.”

The employer should have known that there was potential for an incident such as this one. A completed JHA, ‘Job Hazard Assessment’, could have prevented this.

Mind you, the supervisor would have been unwilling to ensure seat belts.

Our company, HRS Group Inc., has seen a few companies that will not and do not enforce the seat belt rule. The supervisor is required to ensure this.

Section 27, subsection 1(a) of the OHSA states,

“A supervisor shall ensure that a worker,

• works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”

The fines that may have been issued are found in section 66 of the OHSA.

“Every person who contravenes or fails to comply with,

(a)  a provision of this Act or the regulations;

(b)  an order or requirement of an inspector or a Director; or

(c)  an order of the Minister,

is guilty of an offence and on conviction is liable to a fine of not more than $500,000 or to imprisonment for a term of not more than twelve months, or to both.”

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 info@hrsgroup.com

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.