Blog Post #1646 – Workplace Fatality Results in $20,000 Fine for Ashburn Worker

Report from the government of Ontario’s ‘Newsroom’

A worker was fatally injured by a rock truck. Mr. Piluso, the supervisor for Road-Ex Contracting Ltd., was performing other work while acting as a signaller, contrary to sections 104(3) and 106(1) of Ontario Regulation 213/91 and section 28(1)(a) of the Occupational Health and Safety Act.

On June 1, 2022, workers from Road-Ex and a subcontractor were constructing a new driveway as part of a commercial building project. Mr. Piluso was supervising the workers and acting as the signaler for the rock truck operated by a worker employed by the subcontractor.

The rock truck was being filled with soil by an adjacent excavator. When the truck was full, the operator went back to the rock truck to move the load of soil. Mr. Piluso signalled the operator to haul the load and then turned away from signalling the rock truck to take measurements of the soil grade where the excavator was actively digging.

The operator of the rock truck did not see a worker standing in the intended path of travel due to an obstructed view. Mr. Piluso turned his attention back to the rock truck when he heard its air brake release, but it was too late to signal the operator to stop the rock truck, which fatally injured the worker.

Following a guilty plea in the Ontario Court of Justice in Orangeville, Mr. Piluso was fined $20,000 by Justice James Chaffe; Crown Counsel was Christine Perruzza.

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:

Mr. Piluso was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 104, subsection 3 which states,

“Operators of vehicles, machines and equipment shall be assisted by signallers if either of the following applies:

1. The operator’s view of the intended path of travel is obstructed.
2. A person could be endangered by the vehicle, machine or equipment or by its load.”

He was also found guilty of section 106, subsection 1 of the 213/91, which states,

“A signaller shall be a competent worker and shall not perform other work while acting as a signaller.”

This was in direct contravention of section 28, subsection 1(a) of the Ontario Occupational Health and Safety Act (OHSA), which states,

“A worker shall,

(a)  work in compliance with the provisions of this Act and the regulations.”

We teach construction flagging and it sounds like Mr. Piluso was, either not trained or had ignored the training.

Too bad for the employee!

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Construction Flagging’.

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.