Is there no “safe” place at work anymore?
McDonald Brothers Construction has been fined $70,000 after a backhoe struck a worker who was exiting a portable toilet. The court also imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act.
McDonald Brothers was the constructor of a project renovating and adding to a multi-story institutional building in Ottawa. On May 8, 2017, a backhoe struck a worker who was exiting a portable toilet. The worker sustained multiple injuries.
The Ministry of Labour's investigation found that the toilet had been placed adjacent to a road used by vehicles. The toilet was also placed at an angle that prevented the backhoe operator and the worker from seeing each other.
Section 23(1)(c) of the Occupational Health and Safety Act requires a constructor ensure that on a project it undertakes, workers' health and safety is protected. McDonald Brothers failed as a constructor to ensure that the health and safety of a worker at the project was protected.
Source: Ontario Ministry of Labour