STAYING IN TOUCH: JACQUELYN ODURO
A landmark court decision has brought home the critical role of safety in the heavy construction industry. A trucking company manager (also truck owner) has been sentenced to five years in prison in the death of a 53-year-old truck driver. This sentencing by a Barrie, Ontario, judge marks a rare instance in Canada where criminal code penalties have been applied for workplace safety violations leading to death.
The 2020 incident, which killed the dump truck driver, highlighted critical lapses in safety protocols and management oversight. The driver died instantly when his truck crashed, following a tire blowout.
Investigations revealed the manager/owner dismissed as ‘driver error’ the concerns regarding steering raised by the man just hours before the incident. It was established that the vehicle’s significant alignment issues and inadequate tire structural support made it unfit for the road.
The case underscores the consequences of disregarding maintenance and near misses. The judge pointed out that a proper mechanical inspection could have prevented the accident, thus stressing the necessity of adhering to safety protocols rigorously.
For members of the heavy construction industry, it serves as a sobering reminder of supervisors’ moral and legal responsibilities and obligations. To prevent such tragedies, the industry must enforce several preventive measures:
- Thorough Maintenance and Documentation: Regular and detailed equipment inspections must be documented to promptly address any discrepancies.
- Heeding Warnings and Communications: All communications regarding vehicle and machinery issues must be taken seriously and investigated immediately.
- Legal and Safety Education: Supervisors and managers should receive ongoing training about their legal responsibilities and legal safety requirements.
- Cultural Shift: Owners and supervisors are key to cultivating a workplace culture that prioritizes safety above all and encourages workers to report risks without fear of retribution.
This tragic case is a call to action across the construction industry for a reinforcement of the commitment to safety to prevent dangerous or deadly incidents.
For more information: https://www.thesafetymag.com/ca/topics/safety-and-ppe/harshest-sentence-yet-for-criminal-negligence/525675