Ministry finds company failed to implement required safety measures
Maple-based sewer and watermain construction company Direct Underground Inc. has been fined $250,000 following a workplace incident that left two workers dead and two others injured during a road widening project.
The accident occurred on August 8, 2022, during the installation of an underground storm sewer system along Rossland Road in Ajax. The north wall of an excavation site collapsed, resulting in fatal injuries to two workers and non-fatal injuries to two others.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development revealed that the company failed to implement a shoring system or appropriately slope the excavation walls, as required under Ontario Regulation 213/91. The excavation site contained a weaker soil layer classified as Type 3, which necessitated additional safety measures to ensure stability.
The investigation further determined that no engineering opinion on the excavation’s stability had been sought, nor had a support system been installed to mitigate the risk of collapse. This failure violated section 25(1)(c) of the Occupational Health and Safety Act.
Following a guilty plea in Oshawa Provincial Offences Court, Justice Lara A. Crawford imposed the fine on November 29, 2024. The court also ordered a 25% victim fine surcharge, as mandated by the Provincial Offences Act. The surcharge will contribute to a provincial fund supporting victims of crime.
On the day of the incident, six workers employed by Direct Underground Inc. were tasked with installing a catch basin system for the road project. Four workers were in the excavation when the wall gave way, leading to the tragic outcome.
