$195,000 fine in paving death in Sudbury

SUBURY — A Sudbury paving company has been fined $195,000 after a pedestrian died when a road grader was reversing.

A Sudbury court heard that while Interpaving Ltd. was doing watermain improvements and repaving in downtown Sudbury on Elgin Street, between Larch Street and Ste. Anne Road, the pedestrian was killed after being struck by a road grader that was reversing on Sept. 30, 2015.

Following a guilty plea, the company was fined $195,000 on March 28 by Judge Andrew Buttazzoni, says a Ministry of Labour release.

The court also imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

According to Crown Counsel David McCaskill, gravel grading operations were underway on the site and a road grader was being operated in reverse at an intersection.

The City of Greater Sudbury had a contract with the Greater Sudbury Police Service to provide paid-duty police officers at the project; but on that day the city did not provide paid-duty officers to direct and protect motor vehicle and pedestrian traffic at the project.

The operator’s visibility was restricted due to a blind spot and the operator was not being assisted at that location by a signaller or a paid-duty police officer.

A pedestrian proceeded into the intersection against a red traffic light and was struck by the reversing grader, suffering fatal injuries.

Interpaving and the City of Greater Sudbury failed to comply with section 104(3) of the Construction Projects Regulation (Ontario Regulation 213/91) which states that “operators of vehicles, machines and equipment shall be assisted bysignallers if either of the following applies: 1, the operator’s view of theintended path of travel is obstructed; and 2, a person could be endangered bythe vehicle, machine or equipment or its load.”

A trial commenced on March 28, with the City of Greater Sudbury as the defendant.