Calls for lower speed limit denied before worker killed, inquest told

Ministry reverses decision after flagman fatally struck in construction zone

Ontario’s Transportation Ministry twice denied an Essex County company’s request to lower the speed limit in a road construction zone in St. Thomas before one of its workers was killed on the job.

Jonathan Wilson, a contract administrator with the ministry, testified Tuesday at an inquest into the death of Brian Daniel that FACCA Inc., applied in January 2014 to the ministry to lower the speed limit to 60 km/h from 80 km/h in a construction zone on Highway 3 at Burwell Road in St. Thomas.

The company’s request was denied because the highway didn’t have a posted speed limit of 90 km/h and therefore didn’t meet ministry guidelines for reducing speed limits in construction zones, Wilson said.

“We have specifications around signage and speed reductions in work zones,” Wilson testified on the inquest’s second day. “This section of highway was 80 (km/h) not 90 (km/h).”

FAACA contract to repair an overpass on the highway didn’t meet ministry guidelines that allow a reduction in speed limits on highways where the speed limit is 80 km/h.

Factors such as the amount of time workers spend on the road and traffic flow are among the criteria that determine if a speed reduction will be granted, Wilson said.

“Our traffic section actually is the one that makes that decision,” he said.

FACCA submitted a second request in March 2014 for the ministry to reduce the speed limit to 60 km/h when flagmen were working, the inquest heard.

“The regulatory speed reduction was not to be used,” Wilson said.

The ministry denied the request for the same reasons it turned down the first, he said.

Daniel, 55, a flagman, died July 2, 2014, after he was struck by a pickup driven by Benjamin Dickout.

Dickout testified Monday at the inquest hat he saw a construction sign when he was driving on the highway that day, but didn’t recall what it said.

He said he didn’t realize Daniel was on the road until his passenger in the pickup shouted at him.

Dick out said he thought he’d applied his brakes, but a collision reconstruction probe revealed that wasn’t the case.

A delivery driver, Dickout was charged with dangerous driving causing death but the charge was withdrawn. He was convicted of careless driving.

After Daniel’s death, the ministry agreed to lower the speed limit to 60 km/ h after Local 1059 of the Laborers’ International Union of North America, which represents FACCA workers, said it would seek a stop-work order if the ministry did not lower the construction zone speed limit to 60 km/h.

The inquest continues Wednesday.

We have specifications around signage and speed reductions in work zones.