Two companies fined total of $95,000 for incident
CRH Canada Group has been fined $90,000 and William James Price has been fined $5,000 for the critical injury of a worker who was run over by a grader. The court also imposed a 25-per-cent victim fine surcharge as required by the Ontario Provincial Offences Act.
William James Price was contracted by CRH Canada Group to provide grading services for road reconstruction work in Hamilton. Price is the owner/operator of Bill Price Grader Rentals, and was the operator of the grader.
The grading required another worker — depending on the direction of travel of the grader — to be either in front of or behind the grader to provide the grader operator with information.
Price was operating the grader in a forward direction, while the other worker was using a plate tamper to pack gravel. While the worker was using the plate tamper, Price put the grader in reverse; the worker was now behind the grader.
The grader was equipped with a back-up alarm to warn others when it was being operated in reverse. However, at this point in time, the back-up alarm was not functioning and the worker operating the tamper did not see or hear the approaching grader.
The grader struck and ran the worker over. As a result, the worker suffered multiple injuries.
A Ministry of Labour investigation determined that that the back-up alarm on the grader was not maintained in a condition that would not endanger the worker. Although the alarm would work occasionally, the wiring of the alarm was in a condition that would cause the alarm to stop working.
As such, Price failed as an employer to ensure that all vehicles, machinery, tools and equipment were maintained in a condition that does not endanger a worker, as required by section 93(1) of Regulation 213/91 (the Construction Projects Regulation), contrary to section 25(1)(c) of the Occupational Health and Safety Act.
The Ministry of Labour's investigation determined that, though there were signs instructing truck drivers not to back up without a signaller, there were no warning signs in conspicuous places to warn workers of the danger of reversing equipment as required by subsection 104(6) of Regulation 213/91. CRH Canada, as the constructor of the project, pleaded guilty to that violation of the law.
Source: Ontario Ministry of Labour
