Blog Post #1633 – Workplace Injury Results in $70,000 Fine for Construction Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by Steed and Evans Ltd. of St. Jacobs, Ontario, a civil infrastructure and material supply company, was critically injured after being struck by a vehicle while performing sewer chamber work on a roadway. By failing to position adequate warning signs or barriers to protect the worker, Steed and Evans Ltd. failed to ensure that the measures and procedures as prescribed by section 67(4) of Ontario Regulation 213/91 were carried out at the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

On June 10, 2022, a worker was parging previously installed sewer chambers in the middle of a roadway. This involved reaching into the sewer chamber and applying a coat of mixed cement to the inside collar of the chamber to fill in gaps and cracks.

As the worker performed this task on the ground beside the sewer chamber, another worker drove through the area and struck the first worker, causing critical injuries.

At the time of the incident, the worker on the ground was wearing a high visibility vest and was performing the task alone. There was no traffic control measures in place around the worker, or any barriers or warning signs around the workspace.

The road where the work was taking place was an unassumed road and was not open to public traffic, but it was still accessible to vehicular traffic and was regularly used for construction vehicles and equipment.

A Ministry of Labour, Immigration, Training and Skills Development investigation determined that Steed and Evans Ltd. failed to position adequate warning signs or barriers to protect a worker performing work on a roadway.

Following a guilty plea in the Provincial Offences Court in Guelph, Steed and Evans Ltd. was fined $70,000 by Justice of the Peace Michael Cuthbertson; Crown Counsel was Katie Krafchick.

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:

Steed and Evans Ltd., was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 67, subsection 4, which states,

Every employer shall develop in writing and implement a traffic protection plan for the employers’ workers at a project if any of them may be exposed to a hazard from vehicular traffic.

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.”

The company needs to be able to say that they did “everything reasonable in the circumstances” to protect their workers”.

I guess an unassumed road cannot be as dangerous as an assumed road would be.

They may be right in their assessment but the possible danger DOES exit and needs to be recognized, assessed and controlled. Someone there didn’t get the memo.

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

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.