Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Ottawa Pavemaster, of Ottawa, Ontario, a construction company that performs asphalt paving, was fatally injured by a truck that was backing up. The company failed to ensure the driver of the truck was assisted by a signaller contrary to Section 104(3) of Ontario Regulation 213/91, an offence under Section 66(1) of the Occupational Health and Safety Act. Section 25(1)(c) of the Act states that “an employer shall ensure, that the measures and procedures prescribed are carried out in the workplace.”
On the day of the incident, Ottawa Pavemaster was completing a driveway paving job. A company worker engaged in the project was walking along Desmond Avenue when he was fatally injured by a reversing dump truck.
The truck was driven by a company employee who was backing up approximately 200 feet to connect to a float, a trailer used to haul drivable equipment. The driver was reversing the truck without the assistance of a signaller, another worker who would watch and alert on possible hazards. This led to the first worker being fatally struck.
Following a guilty plea in Provincial Offences Court, Ottawa, Ottawa Pavemaster was fined $115,000 by Justice of the Peace Harley Gervais; Crown Counsel was Alicia Gordon-Fagan.
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:
Ottawa Pavemaster 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:
- The operator’s view of the intended path of travel is obstructed.
- A person could be endangered by the vehicle, machine or equipment or by its load.”
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.”
I see this more often than I care to. Why would anyone backup a machine such as this without a spotter?
Many questions needed to be asked and answered. Some might be:
- Was anyone there, with OH&S training that knows the OHSA and regulations?
- Was the supervisor trained in OH&S?
- Was the employer even aware of the sections involved, and
- Does the company have an active health and safety committee or a H&S rep.?
Why do I need to keep getting the message out? Well, companies wait to deal with health and safety as a reaction not prevention. Mind you, I know construction companies that are safety driven and guess what? They are usually very successful.
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.
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.