Excerpt from the government of Ontario’s ‘Newsroom’
Pyramid Traffic, a Grimsby traffic service information company, was fined $100,000 for a violation of the Occupational Health and Safety Act after a worker was fatally injured.
On June 18, 2012, two workers were setting up to install an automatic traffic counter in the passing lane on Trafalgar Road between Derry Road and Britannia Road in Milton. The workers activated their work vehicle`s warning lights, stopped in the passing lane, then opened the doors and began to prepare their equipment. As they did so, a pickup truck that was approaching struck the work vehicle, causing it to spin and strike one of the workers. That worker suffered fatal injuries.
A Ministry of Labour investigation found that the employer failed to ensure the flow of traffic was appropriately controlled with the use of a sign truck equipped with a flashing arrow and properly positioned ahead of the work vehicle.
Pyramid Traffic pleaded guilty to failing to take every precaution reasonable in the circumstances for the protection of a worker.
The fine was imposed by Justice of the Peace Denis Lee. 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.
The law(s) in contravention:
Pyramid Traffic was found guilty of a contravention of section 25, subsection 2(h) of the Ontario Occupational Health and Safety Act (OHSA) which states,
“The employer shall,
Take every precaution reasonable in the circumstances for the protection of a worker.”
My opinion,I have stated, in the past, that section 25, subsection 2(h) of the OHSA is the most used section, at least over the past few years, for companies to be charged and convicted with by the MOL. Again, we see another company charged with this section.
Usually, there will be an update to the appropriate sector regulation to cover such an incident in the future. So far, I have not seen anything changed but that does not mean there is not something coming soon.
All Pyramid Traffic needed to do was to recognize the possible hazards and place controls to protect the workers. I guess they did not read that particular section.
HRS Group Inc. has a Basic Certification Level 1 course coming up if they or anyone else wants to attend. It is a great learning experience.
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’, ‘Traffic Control Person’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.