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London-based developer, contractor fined following construction incident

DCN-JOC News Services
London-based developer, contractor fined following construction incident

LONDON, ONT. – York Developments (London) Inc. and Arcon Electric Ltd. have been fined $55,000 and $35,000 respectively after a worker was struck and injured by a reversing delivery truck while acting as a signaller.

The incident occurred on Feb. 18, 2020, on a construction project for two highrise condominiums located at 545 Fanshawe Park Rd. W. in London, Ont. The date of the conviction was Nov. 24.

York Developments is the owner and the contractor and Arcon Electric Ltd. had been hired as a subcontractor to provide plumbing. Another construction management company had been hired to act as the project manager.

On the day of the incident, workers from Arcon Electric were expecting a delivery truck, which entered the centre driveway located between the two buildings.

There was another truck already on the driveway and there was not enough space for the delivery truck to turn around so the site supervisor, employed by the construction management company, told the driver to reverse back down the driveway and continue reversing along Fanshawe Road until they arrived at the east driveway, states a court bulletin.

The project manager asked two workers from Arcon to act as signallers for the reversing truck, one in front and one behind. While the truck was reversing along Fanshawe Road, the driver accelerated slightly because there was a break in traffic that would allow a turn into the driveway. The driver did not know there was a worker behind the truck, acting as a signaller. The truck struck and severely injured the worker.

The court found York Developments (London) Inc., contravened s. 23(1)(a) of the Occupational Health and Safety Act by failing, as a constructor, to ensure that the measures and procedures required by Section 104(1) of Ontario Regulation 213/91, which states that every project must be planned and organized so that vehicles, machines or equipment are not operated in reverse, or are operated in reverse as little as possible, were carried out.

Arcon Electric Ltd. contravened the act by failing, as an employer, to ensure that the measures and procedures required by Section 106(1.1) of Ontario Regulation 213/91, which specifies specific requirements for high-visibility clothing that must be worn by signallers, were carried out.

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