TMI Contracting and Equipment Rental Ltd., based in Richmond Hill, Ontario, has been fined $120,000 following a guilty plea for failing to ensure worker safety at a Whitchurch-Stouffville landfill, resulting in a fatal accident.
The Ontario Court of Justice in Newmarket heard that on December 9, 2021, a worker who was signaling dump trucks at a landfill site was struck and killed by a reversing dump truck. Justice of the Peace Rhonda Shusterman imposed the fine on March 21, 2024, with additional Crown Counsel provided by Giuseppe Ferraro.
The court also mandated a 25 per cent victim fine surcharge under the Provincial Offences Act, which supports a government fund aiding crime victims.
The incident occurred as the worker attempted to guide a truck to a soil dumping area without using the required telecommunication or prearranged visual signals, breaching Regulation 213/91 of the Occupational Health and Safety Act. This failure directly contravened the safety measures stipulated for signallers.
TMI Contracting was subcontracted by Waste Management of Canada Corporation, which had previously been fined for the same incident. Legal proceedings against other subcontractors and the involved truck driver are still underway.
