TIMMINS, ONT. — Following a trial, Orbit Garant Drilling Services Inc., a diamond drilling company operating in northeastern Ontario, has been found guilty and fined $200,000 after a worker was killed by a falling tree while exiting a bulldozer.
The company was operating multiple diamond surface drills in the area of the St. Andrews Holloway-Holt mine sites east of Timmins when, on June 25, 2014, two workers were coming off shift, reports a Ministry of Labour media statement. They were travelling to the parking lot of the Holloway-Holt Number 3 mine area.
Normally a crew would ride on a four-wheeled all-terrain vehicle (ATV) but that piece of equipment was broken.
The ATV had been secured to a bulldozer and the bulldozer was used to travel. Procedure dictates that only one person at a time should be in a bulldozer but on this occasion both workers were in the bulldozer.
One of the workers who had been riding in the cab of the bulldozer opened the cab door to step out, when a chicot — a standing dead tree weighing more than 2,000 pounds — fell, striking the door and fatally injuring the worker.
A ministry investigation found that both workers had been fully trained in the appropriate programs. In addition, the route of travel — a bush road — was not approved by Orbit Garant or St. Andrews.
It was known that the established travelway — a seven-kilometre round trip — to and from the drill site was getting soft and muddy to the point of being impassable.
The court was told that the company should have known that workers would not walk through the conditions at the site and should have immediately provided proper transportation.
Orbit Garant Inc. was found guilty of failing as an employer to take every precaution reasonable in the circumstances for the protection of a worker — that is, failing to take the reasonable precaution of ensuring the removal of all chicots on or near the travelway that provided access to the workplace.
The company was also found guilty of failing to take the reasonable precaution of ensuring that a safe means of egress from a workplace was provided to workers.
Justice of the Peace Sylvie-Emanuelle Bourbonnais imposed the fine in a Timmins court on July 13.