Ontario company fined $155K after pedestrian struck, killed by dump truck near Toronto bus stop

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An Ontario company has been fined more than $155,000 after a pedestrian was struck and killed by a dump truck in a work zone near a bus stop in Toronto.

On April 15, 2021, D & A Road Services Inc. was removing asphalt from the roadway on Finch Avenue and loading it into dump trucks operated by separate contractors.

There was a pedestrian crossing within 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.

On the day of the incident, D & A Road Services Inc.’s milling operations stopped when a dump truck reached capacity, requiring it to exit the work area and unload offsite.

Before exiting the work area, the dump truck operator stopped to complete administrative paperwork, stationing the loaded dump truck on or near a pedestrian crossing, where the orange barriers had been temporarily moved to restrict pedestrian access to the work zone.

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.

At the same time, the truck operator finished the paperwork and resumed operating the dump truck, striking the pedestrian.

The pedestrian suffered fatal injuries.

D & A Road Services Inc. failed, as an employer, to ensure a sturdy fence at least 1.8 metres in height was constructed between the public way and the project, as prescribed under section 65 of Ontario regulation 213/91, contrary to section 25(1)(c) Occupational Health and Safety Act.

Following a guilty plea in the Ontario Court of Justice D & A Road Services Inc., was fined $125,000, bringing the total to $156,250.