August 29, 2008

Guelph, Ontario firm fined $200,000 in worker's death

Absence of signal system blamed for excavator tragedy

KITCHENER

Cox Construction Ltd. of Guelph was fined $200,000 on Aug. 20 in connection with the death of a worker at a road construction project in Cambridge.

On Sept. 14, 2005, while supervising the removal and grinding up of tree parts and other debris, a worker was struck and injured by an excavator, dying in hospital later that day. Just before the incident, the worker had approached a machine that grinds trees, stumps and roots to get a better view of its operation. One of the excavator operators noticed the worker, made eye contact and signalled an intention to move a log into the grinder. The operator thought the worker understood and proceeded to move the excavator into position. A scream was heard and the operator looked around and saw the worker underneath the excavator’s right track. The operator reversed the excavator off the worker.

The incident occurred at a roadway construction project to extend the Can-Amera Parkway from Conestoga Boulevard to Hespeler Road in Cambridge.

A Ministry of Labour investigation found the grinder’s noise prevented workers from hearing one another. A combination of eye contact and hand signals was a normal method of communication between workers, but there was no adequate standardized system of communication. As a result, the excavator operator and deceased worker were unable to communicate with each other with the degree of certainty needed to ensure the deceased worker’s safety.

The court found that the company had not ensured that an adequate, standardized system of communications between workers was established and maintained. The court also found that the company failed to ensure that the excavator operator was assisted by a signaller.

Cox Construction was found guilty at a May 15 trial of failing, as a constructor, to ensure that the measures and procedures required for safety in provincial regulations were in place. The company was also found guilty of failing, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker.

A fine of $100,000 on each of the two counts was imposed by Justice of the Peace J. DeJong of the Ontario Court of Justice. In addition, 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.

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