Pedestrian entered work zone and was struck by a dump truck
D & A Road Services Inc., an asphalt and concrete grinding and milling contractor located in Concord, Ontario, has been fined $125,000 after a tragic incident in a construction work zone.
The Ministry of Labour, Immigration, Training, and Skills Development held the company responsible for failing to implement required safety measures, resulting in a fatal accident involving a pedestrian and a dump truck.
The incident occurred on April 15, 2021, at the Finch West Light Rail Transit project on Finch Avenue between Jane Street and Keele Street in Toronto. The company was responsible for removing asphalt from the roadway and loading it into dump trucks operated by separate contractors.
Within the work zone, there was a pedestrian crossing, and operations would periodically stop to allow pedestrians to use the crossing to access a temporary bus stop, which was enclosed by orange barriers. On the day of the accident, a dump truck filled with asphalt reached its capacity and had to exit the work area to unload offsite.
Before leaving the work area, the dump truck operator stopped to complete administrative paperwork, parking the loaded vehicle on or near the pedestrian crossing. Unfortunately, the orange barriers had been temporarily moved, allowing a member of the public to enter the work zone through a slightly ajar opening to retrieve a plastic bag.
As the truck operator finished the paperwork and resumed driving the dump truck, he struck the pedestrian who had entered the restricted work zone. Tragically, the pedestrian sustained fatal injuries as a result of the collision.
The court found D & A Road Services Inc. guilty of violating section 25(1)(c) of the Occupational Health and Safety Act, which requires employers to ensure the implementation of safety measures in workplaces. Specifically, the company failed to construct a sturdy fence, at least 1.8 meters in height, between the public walkway and the project, as prescribed under section 65 of Ontario Regulation 213/91.
This tragic incident underscores the importance of adhering to safety regulations in construction work zones to protect both workers and the public. Authorities are reminding all employers to prioritize safety measures and take appropriate actions to prevent accidents within their work areas.
