Ontario worker hit by reversing front-end loader in 2024
A fatal backover at a southwestern Ontario construction site has cost two parties a combined $145,000, in a case that underscores the persistent danger of operating heavy equipment without a signaller.
Following guilty pleas in Sarnia Provincial Offences Court, Justice of the Peace Daniel Peter Michael Byskal fined 1838107 Ontario Ltd. — a Watford farming corporation and constructor operating as Agro Acres — $130,000, and contractor Nick De Jong, operating as De Jong Excavating, $15,000.
A 25 per cent victim fine surcharge applies to each penalty.
Details of the incident
The charges stem from a May 9, 2024 incident at a project on Churchill Lane in the Township of Warwick. A worker was carrying out demolition and construction tasks around a barn while, the Ministry of Labour, Immigration, Training and Skills Development reported, "regular farm and mechanical shop operations continued on site."
Several workers and multiple pieces of heavy equipment were operating nearby, with "no clear separation between work activities."
The worker had been directed to retrieve steel rebar near an operating front-end loader. As the operator reversed — "looking over their right shoulder" — they did not see the worker approaching from the left. The collision was fatal.
Result of investigation
The ministry investigation found the operator's view was obstructed and that no signaller was used. The loader also had a "missing or misaligned mirror." Investigators concluded that Agro Acres "failed to ensure that a signaller was provided where required," and that De Jong failed to ensure he was assisted by a signaller under those conditions.
Agro Acres pleaded guilty under section 25(1)(c) of the Occupational Health and Safety Act for failing to carry out measures prescribed by section 104(3) of Ontario Regulation 213/91, the Construction Projects regulation. De Jong was convicted as a worker under section 28(1)(a) for failing to comply with the Act.
The Canadian Centre for Occupational Health and Safety (CCOHS) notes that those operating front-end loaders must “ensure that everyone is well back from the tractor” during operation.
