Two contractors have been fined a total of $145,000 for a 2024 workplace fatality.

Convicted are 1838107 Ontario Ltd., operating as Agro Acres, a farming corporation and constructor; and Nick De Jong, a contractor operating as De Jong Excavating. The companies pled guilty to violations of the Occupational Health and Safety Act in a Sarnia court.

The incident occurred on May 9, 2024 at a site on Churchill Lane, in the Township of Warwick. A worker was involved in tasks related to demolition and construction around a barn while regular farm and mechanical shop operations continued on site. 

Several workers and multiple pieces of heavy equipment were operating in close proximity, with no clear separation between work activities. 

The worker had been directed to pick up steel rebar near where the front-end loader was operating. The operator was reversing the loader at the same time the worker moved toward its path of travel. The operator, who was looking over their right shoulder, did not see the worker approaching from the left side. This resulted in a fatal injury.

An investigation by the Ministry of Labour found that the operator’s view was obstructed and that no signaller was used. The loader also had a missing or misaligned mirror.

The investigation determined that Agro Acres failed to ensure that a signaller was provided where required, and that Nick De Jong failed to ensure he was assisted by a signaller while operating the equipment under those conditions.

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