Hamilton construction company & supervisor fined after death of worker

CAYUGA, ON -- A Hamilton construction company and one of its supervisors have been fined $75,000 and $7,000 respectively in the Ontario Court of Justice in connection with the death of a worker.

Justice of the Peace Catherine Woron heard that on May 9, 2006, Da Rocha Construction & Paving Ltd., of 526 Hughson St. N., Hamilton, carrying on business as Marta Paving, was working on a construction project on Featherstone Avenue, west of Sweets Corner Road, in Haldimand County.

The deceased, a dump truck driver employed by Da Rocha, was struck and killed by a reversing dump truck while he was walking on the project.

There was no worker in place as a signaller for the driver of the reversing truck.

Da Rocha pleaded guilty to failing to ensure that a driver of a vehicle whose view of the intended path of travel was obstructed was being assisted by a signaller as required, in violation of 104(3) of Ontario Regulation 213/91 and section 25(1)(c) of the Occupational Health and Safety Act.

Afonso Costa, of Hamilton, the truck's driver and supervisor on the project, pleaded guilty to failing to ensure that he was assisted by a signaller as required, in violation of section 104(3) of the Regulation and section 28(1) of the Occupational Health and Safety Act.

In addition to the fines, the court imposed a 25-per-cent victim fine surcharge on the total, 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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