Ontario Construction News staff writer
Steed and Evans Ltd., a civil infrastructure and material supply company based in St. Jacobs, has been fined $70,000 after a worker was critically injured during a sewer chamber installation at a construction project on Elliott Avenue and Harpin Way in Fergus, Ontario. The company was convicted following a guilty plea in the Provincial Offences Court in Guelph on Nov. 15, 2024.
The incident occurred on June 10, 2022, when a worker, tasked with applying cement to a sewer chamber in the middle of a roadway, was struck by a construction vehicle.
At the time of the accident, the worker was performing the task alone while wearing a high-visibility vest. However, no traffic control measures, barriers, or warning signs were in place around the worker’s area. Although the road was unassumed and not open to public traffic, it was still frequently used by construction vehicles, making it a hazardous zone for workers.
As the worker performed this task on the ground beside the sewer chamber, another worker drove through the area and struck the first worker, causing critical injuries.
The Ministry of Labour, Immigration, Training and Skills Development conducted an investigation and found that Steed and Evans Ltd. had failed to provide adequate safety measures.
The company did not comply with the safety requirements outlined in section 67(4) of Ontario Regulation 213/91, which mandates the placement of warning signs or barriers around a worker performing tasks on a roadway. This failure was in violation of section 25(1)(c) of the Occupational Health and Safety Act, which requires employers to take reasonable steps to ensure the health and safety of workers.
Following the conviction, Steed and Evans Ltd. was fined $70,000 by Justice of the Peace Michael Cuthbertson. In addition to the fine, the court imposed a 25 percent victim fine surcharge, which will be allocated to a provincial fund designed to assist crime victims.
The investigation concluded that Steed and Evans Ltd. failed to ensure that the measures and procedures as prescribed by section 67(4) of Ontario Regulation 213/91 were carried out at the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
