Blog Post #467 – James Dick Construction Fined $50,000 after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

James Dick Construction Limited, operating as Guelph Limestone, the operator of a Guelph quarry, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On February 10, 2011, a worker at the quarry was in a rock truck waiting to deposit a load into a hopper. A second worker parked another rock truck behind this one and left the truck to talk to a third worker who had parked another vehicle in front of the first worker’s truck. The second worker was standing between the first rock truck and the vehicle in front of it when the driver of the first rock truck moved forward. The driver had not seen the third vehicle or the worker on foot due to visibility limitations inside the rock truck. The worker on foot was pinned between the two vehicles.

A Ministry of Labour investigation found that none of the workers had received traffic control training and a traffic control plan was not in effect.

James Dick Construction Limited, operating as Guelph Limestone, pleaded guilty to failing to ensure that a worker was adequately trained in traffic control.

The fine was imposed by Her Worship Justice of the Peace Ann Johnson. In addition to the fine, the court 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:

James Dick Construction Limited was found guilty of a contravention of section 25, sub-section 2(a) of the Occupational Health and Safety Act (OHSA) which states,

“An employer shall,

(a) Provide information, instruction and supervision to a worker to protect the health or safety of the worker.”

HRS Group Inc. has an on-line course dealing with traffic control person. It may or may not be effective in the above scenario but it would have been more information necessary to possibly work safer.

The employer has to identify, assess and control all the hazards in the workplace. This particular employer needed a traffic control plan prior to any work being done in the workplace.

I complete a lot of training for a large mine and they have haul road training, and all possible large vehicle training for their haulers and large excavators. Nothing is left to chance. As well, they also have an active health and safety committee. There are numerous management reps. and worker reps certified and well trained. (I should know) This company also encouraged their upper managers to take Basic Certification, Level 1, to better prepare them for future issues.

Yes training is a valuable tool and all employees require every piece of information necessary to work safely. If not, then we will continue to have problems like this one.

Remember – In Ontario, “ALL Accidents are Preventable”

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

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.