Blog Post #1644 – Maple Construction Company Fined $250,000 After Four Workers Injured, Two Fatally

Excerpt from the government of Ontario’s ‘Newsroom’

Four workers, employed by Direct Underground Inc., Maple, Ontario, a sewer and watermain construction company were injured, two of them fatally, during the installation of a new underground sewer system. Direct Underground Inc. failed, as an employer, to ensure that the walls of the excavation were supported by a shoring system or appropriately sloped, as required by section 234(1) of Ontario Regulation 213/91, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

On August 8, 2024, Direct Underground had been contracted to install a storm sewer for the road widening project. Six workers employed by the company were installing a new catch basin system.

While four workers were in the excavation to install the system, the north wall of the excavation collapsed, resulting in fatal injuries to two of the workers and non-fatal injuries to the other two workers.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that the excavation wall had a weaker layer of soil present, which was classified as Type 3 per Ontario Regulation 213/91. This required shoring or appropriate sloping of the walls to prevent unstable conditions leading to collapse.

The investigation also found that there was no engineering opinion on the stability of the excavation wall, and no support system installed for the weaker layer of soil.

Following a guilty plea in the Provincial Offences Court in Oshawa, Direct Underground Inc. was fined $250,000 by Justice Lara A. Crawford; Crown Counsel was David McCaskill.

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:

Direct Underground Inc. was found guilty of section 234, subsection (1) of the Ontario ‘Construction Projects’ 213/91 which states,

“The walls of an excavation shall be supported by a support system that complies with sections 235, 236, 237, 238, 239 and 241.”

This is in direct contravention of the Ontario Occupational Health and Safety Act (OHSA) which states,

“An employer shall ensure that,

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

The reader should be made aware of the description of the Type 3 soil.

Section 226, section (4) of the ‘Construction Projects’ reg. 213/91 which states

“Type 3 soil is,

(a)  previously excavated soil; or

(b)  soil that is stiff to firm or compact to loose in consistency and has one or more of the following characteristics:

(i)  It exhibits signs of surface cracking.

(ii)  It exhibits signs of water seepage.

(iii)  If it is dry, it may run easily into a well-defined conical pile.

(iv)  It has a low degree of internal strength.”

Remember, before any excavation, a sampling of the soil is a must.

If the designated safety person is unsure of the soil type 2, 3 or 4, then it is important, and prudent, to take the more dangerous level, say type 4 versus type 3, or type 3 versus type 2.

Direct Underground Inc. should have been better prepared.

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’. We have a excavation safety awareness course that would, if followed, would have made a big difference.

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.