Province, city fined $60,000 each
Judge orders $37,000 of that to go towards educating public on roadway safety
The Department of Transportation and Works and the City of St. John’s have each been fined $60,000 for their role in the death of a senior engineer on a St. John’s highway.
In handing down his decision Friday in provincial court in St. John’s, Judge Mark Linehan ordered the city and department to each pay $37,000 of the $60,000 towards educating the public on road safety and safety in construction zones.
In December 2014, at the end of the trial, the city and the department were found guilty of seven counts each of violating Occupational Health and Safety (OHS) regulations by failing to do all they could to ensure the safety of their employees.
They failed to provide proper information, training, instruction and supervision to employees; failed to ensure the necessary protective clothing and devices were used by employees; and failed to ensure safe work procedures were followed.
The charges were laid after Joseph English, an engineer with the Department of Transportation and Works, was struck and killed by an SUV on July 5, 2011, on the Outer Ring Road.
The 51-year-old was there with other workers to discuss highway ruts and the potential use of alternate asphalt mixes to minimize wear and tear.
Two other employees — an Irving employee and a City of St. John’s employee — were hit and seriously injured. The driver of the SUV slammed on his brakes after vehicles in front of him suddenly slowed down at the site. The driver lost control, crossed the left eastbound lane and struck three of the four men at the median.
The judge found the city and department failed to establish that their employers took all reasonable care.
He said while the driver’s poor driving was the main cause of the accident, it may have been prevented had employees taken better precautions.
While most drivers on the highway that day indicated there had been advance warning of the workers on the road, many admitted they didn’t see the flashing amber light on a workers’ vehicle until much later.
During the sentencing hearing, Crown prosecutor Mike King had asked the judge to consider a $110,000-$140,000 fine for the city and a fine of $150,000-$200,000 for the department.
Earlier this year, Irving Oil Commercial GP pleaded guilty to three OHS breaches. In that case, Judge Colin Flynn fined the company $13,500 for the violations and ordered it to pay $2,000 to the minister of Service NL for public education regarding occupational safety on provincial highways.
Defence lawyers had urged the judge to treat all three guilty parties the same.
However, Linehan pointed out that in the Irving Oil case, lawyers had presented an agreed recommendation on sentencing, which judges rarely reject.
He said he viewed the city and department as equal legal entities.
Linehan said both agencies view the site as a workplace and collective decisions were made, “so I don’t see different levels of culpability.” The judge added, “The loss of a loved one cannot be fully addressed in court,” but furthering public education can help to limit such incidents.