Workplace death results in $145,000 fine

A Watford company and excavating contractor have been fined $145,000 after a workplace fatality.

The Ministry of Labour, Immigration, Training and Skills Development reported that Agro Acres in Watford, Ont., and Nick De Jong, a contractor operating as De Jong Excavating, were convicted as a result of the incident on May 9, 2024.

It happened at a construction project at 8123 Churchill Lane, in Warwick, Ont.

Background on the incident according to the ministry:

The report said on the day of the incident, 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 report indicated that 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.

Conviction

The date of the conviction was April 29, 2026.

A Ministry of Labour, Immigration, Training and Skills Development investigation 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.

The ministry said Agro Acres failed as an employer to ensure that the measures and procedures prescribed by section 104(3) of Ontario Regulation 213/91 were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

Additionally, Nick De Jong, as a worker, failed to work in compliance with the Act and its regulations, contrary to section 28(1)(a) of the Occupational Health and Safety Act.

Fines

Following guilty pleas in Sarnia Provincial Offences Court, Agro Acres, was fined $130,000 and Nick De Jong was fined $15,000 by Justice of the Peace Daniel Peter Michael Byskal.

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.