Home Occupational Health & Safety Norfolk Disposal Services fined $160,000 after worker’s death in truck accident

Norfolk Disposal Services fined $160,000 after worker’s death in truck accident

by HR Law Canada

Norfolk Disposal Services Limited has been fined $160,000 following the death of a worker in a waste collection truck accident. The incident occurred in April 2022 in Norfolk County and resulted in the company’s conviction under Ontario’s Occupational Health and Safety Act.

According to the Ministry of Labour, Immigration, Training and Skills Development, the worker was fatally injured when the waste collection truck they were operating tipped over into a ditch while on a curbside waste collection route. The ministry’s investigation revealed that the company failed to provide adequate information, instruction, and supervision to ensure the worker could safely operate the vehicle, a violation of section 25(2)(a) of the Occupational Health and Safety Act.

The fatal incident took place on April 11, 2022. The worker was driving a truck that allows operators to stand and drive from the right side, enabling them to exit the vehicle quickly to collect waste. The ministry’s report noted that some company drivers operated the truck with the door open and without consistently wearing seatbelts, given the frequent stops. Although the company had a 32 km/h speed limit for driving from the right side, it was not always followed by workers.

On the day of the accident, the truck veered across the road and into a ditch, where it overturned. The worker, who was driving from the right side, was killed in the crash.

The ministry’s investigation found several shortcomings in the company’s training and supervision practices. New hires were given basic training that included videos on defensive driving techniques and tests in a classroom setting. Experienced drivers provided on-the-job instruction for two to three weeks. However, the company did not use a formal checklist to verify that new drivers were fully competent before allowing them to operate the truck on their own.

Additionally, workers were not consistently instructed to wear seatbelts or close the right-side door while driving. They were also not trained on the vehicle manufacturer’s operator manual, which stipulates that the truck should only be driven from the right side when the seatbelt is fastened.

In the Simcoe Provincial Offences Court, Norfolk Disposal Services Limited pleaded guilty to the charges. Justice of the Peace Audrey Greene Summers imposed the $160,000 fine on August 21, 2024. Crown counsel Judy Chan represented the prosecution.

The court also added a 25 per cent victim fine surcharge, which is mandated by the Provincial Offences Act and directed to a provincial fund that assists victims of crime.

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