Construction Death Review Highlights Need for Safety Reforms in Ontario

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The latest Construction Death Review report sheds light on the tragic loss of 43 construction workers in Ontario, emphasizing the urgent need for enhanced safety measures in the industry.

The third and final installment of the recent Construction Death Review (CDR) report focuses on the tragic circumstances surrounding 43 construction-related fatalities in Ontario that occurred between 2015 and 2023, alongside one death dating back to 1994. This article provides insights from advisory committee members and Dr. Dirk Huyer, Ontario's chief coroner, following an earlier overview and a detailed account of the incidents.
One of the poignant stories is that of Michael Attfield, aged 22, who lost his life due to electrocution caused by a damaged solar panel. His father shared the heart-wrenching impact of this loss, stating, "Michael’s death has ripped the hearts of our small family apart. Living without him is challenging each and every day. It is hard to make it through some days without thinking of what he is missing during what should have been his best years of his life. Each day, I still wonder why, how, why him. That is the hardest thing I struggle with…we miss him dearly."
Another tragic case is that of Robert Nash Aitchison, 28, who died when a bollard struck him. His mother, Tracey Aitchison, expressed the profound loss, saying, "Nash had tremendous potential that will never be fully realized. He has a nephew who will never have the chance to know his Uncle Nash. While he was not without his faults, he was kind, caring and ready to take on the world. We love him, think of him, and miss him every single day."
Carmine Tiano, director of occupational services with the Provincial Building and Construction Trades Council of Ontario, emphasized the need for the construction industry to unite in implementing the recommendations from the CDR. He pointed out that complacency, lack of worker experience, and the overall workplace culture must be addressed to prevent future tragedies. "Don’t run away from it. Deal with it. A genie is not going to pop out of a bottle and grant you three wishes," Tiano remarked. He stressed that unless workplace parties advocate for changes with the WSIB and the Ministry of Labour, the report risks becoming a mere reflection on fatalities rather than a catalyst for change.
The review, which spanned approximately nine months, identified that 42 of the 44 deaths were linked to five primary hazards: heavy material or equipment hazards, crushing incidents, collapses of walls, ceilings, or trenches, electrical exposure, and elemental exposure. Notably, the two fatalities that occurred years later were due to complications arising from previous injuries.
To address these issues, 14 recommendations were put forth targeting organizations including the Ministry of Labour, the Infrastructure Health and Safety Association, the Ontario Formwork Association, and labor unions such as the United Brotherhood of Carpenters and LIUNA. A significant recommendation is for these entities to review the compatibility of commonly used formwork systems in Ontario, with a completion timeline set within 12 months.
Sean McFarling, general counsel for LIUNA, emphasized the importance of incorporating training directors in any industry review to ensure best practices are upheld. He advocated for the involvement of workers actively engaged in the construction processes to ensure that recommendations are grounded in real-world experiences rather than theoretical discussions.
A recurring theme in the report is the challenge of combating complacency within the workforce. Andrew Pariser, vice-president of the Residential Construction Council of Ontario, noted, "When people feel safe, they let their guard down. It is a really hard thing to battle because you don’t even realize when you’re sliding into it. You have to make meaningful decisions to change your habits." Dr. Huyer echoed this sentiment, suggesting that reminders and triggers could help break the monotony that often leads to complacency.
Tiano also highlighted the necessity of changing workplace culture, pointing out that in some incidents, workers had expressed serious concerns about how they were instructed to perform their jobs. He suggested that instead of punitive measures, a probationary-type sentence could be more effective, allowing courts to monitor progress in implementing safety practices.
Looking ahead, there is a general consensus that the CDR process is more effective than previous inquest methods, benefiting victims' families more directly. McFarling noted that past inquests often took years, delaying justice and resolution. The CDR aims to focus on actionable recommendations to address safety issues more promptly.
Dr. Huyer indicated that after addressing the current caseload, work is already underway for the next report, which will analyze 36 deaths, continuing the CDR's three-year cycle. The collaboration between the coroner's office and construction industry stakeholders is seen as a vital step toward fostering systemic change, with the hope of reducing fatalities in the high-risk construction sector. "This is high-risk work. This is an area of business that is ever-changing," Dr. Huyer concluded. "Let’s get you home, in a good way, after doing a good day’s work."

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