An asphalt and concrete contractor has been fined after a pedestrian was fatally struck by a dump truck in Toronto, Ontario’s Ministry of Labour says.
In a notice released Wednesday, the ministry said the incident occurred on April 15, 2021, on Finch Avenue, between Jane and Keele streets.
Officers said a pedestrian was fatally struck by a dump truck in a work zone near a bus stop.
According to the ministry, D & A Road Services Inc. — an asphalt and concrete grinding and milling contractor — was removing asphalt from the roadway on Finch Avenue and was loading it into dump trucks that were provided by separate contractors.
The ministry said there was a pedestrian crossing in the work zone, and “work operations would stop periodically, including to allow pedestrians to travel along the crossing, within the orange barriers, to and from a temporary bus stop.”
The ministry said the company’s milling operations stopped when a dump truck was filled. Before the truck exited, the dump truck operator stopped to fill out paperwork.
According to the ministry, the loaded dump truck was stationed on or near the pedestrian crossing.
“During this time, a member of the public was observed entering the work zone through the orange barriers that were left slightly ajar, to retrieve a plastic bag,” the notice read.
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The ministry said when the truck driver finished the paperwork, they returned to operating the truck and struck the pedestrian.
As a result of the incident, the pedestrian suffered fatal injuries
In the notice, the Ministry of Labour said D & A Road Services Inc., “failed to ensure that measures and procedures under section 65 of Ontario regulation 213/91, which requires a fence to be constructed between the public walkway and the project were carried out in the workplace.”
According to the ministry, the company was convicted on July 12 following a guilty plea and was fined $125,000.
“The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act,” the notice read. “The surcharge is credited to a special provincial government fund to assist victims of crime.”
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