Ontario Construction News staff writer
WARWICK TOWNSHIP – A Watford-area farming company and an excavating contractor have been fined a combined $145,000 following a workplace fatality at a construction project in Warwick Township.
According to Ontario’s Ministry of Labour, Immigration, Training and Skills Development, 1838107 Ontario Ltd., operating as Agro Acres, pleaded guilty to failing to ensure required safety measures were carried out at the worksite. Nick De Jong, operating as De Jong Excavating, pleaded guilty to failing to comply with workplace safety requirements while operating heavy equipment.
Following the guilty pleas in Sarnia Provincial Offences Court on April 29, Justice of the Peace Daniel Peter Michael Byskal imposed a fine of $130,000 on Agro Acres and a $15,000 fine on De Jong. The court also imposed the mandatory 25 per cent victim fine surcharge under the Provincial Offences Act.
The charges stemmed from a fatal incident that occurred on May 9, 2024, at a construction project on Churchill Lane in Warwick Township.
According to facts presented in court, the site was undergoing demolition and construction work around a barn while regular farm and mechanical shop operations continued nearby. Court records indicate that several workers and multiple pieces of heavy equipment were operating in close proximity.
The court heard that a worker had been instructed to collect steel rebar in an area where a front-end loader was operating. As the loader reversed, the worker moved into its path. The equipment operator, who was looking over one shoulder while backing up, did not see the worker approaching from the opposite side. The worker suffered fatal injuries.
A Ministry of Labour investigation found that the operator’s view was obstructed and that no signaller was being used at the time. Investigators also determined that a mirror on the loader was either missing or improperly aligned.
According to the ministry, the court found that Agro Acres failed to ensure a signaller was provided in circumstances where one was required under Ontario Regulation 213/91. The court also found that De Jong failed to ensure he was assisted by a signaller while operating the equipment under those conditions.
The convictions were secured under Ontario’s Occupational Health and Safety Act. Crown counsel for the case was Patrick Travers.
