Two Companies Fined $145,000 After Workplace Fatality in Warwick, Ontario

📅 4 days ago

A tragic workplace incident involving a front-end loader results in significant fines for Agro Acres and contractor Nick De Jong.

In Warwick, Ontario, farming corporation 1838107 Ontario Ltd., doing business as Agro Acres, along with contractor Nick De Jong of De Jong Excavating, has been penalized a total of $145,000 following a workplace fatality involving a loader incident. The Ontario court announced the verdict in a bulletin detailing the events surrounding the incident, which occurred on May 9, 2024.
The worker, whose identity has not been disclosed, was engaged in demolition and construction activities near a barn while regular farming operations and mechanical shop work were concurrently taking place on the site. At the time of the incident, multiple workers were present alongside several pieces of heavy machinery, leading to a hazardous environment with no clear delineation between different work activities.
The worker was instructed to pick up steel rebar situated near the path of a reversing front-end loader. As the operator of the loader was looking over their right shoulder, they failed to notice the worker approaching from the left side, which ultimately resulted in the worker sustaining fatal injuries.
An investigation led by the Ministry of Labour, Immigration, Training and Skills Development revealed that the operator's view was compromised due to obstructions, and there was a lack of a designated signaller to assist in directing the loader's movements. Furthermore, the investigation highlighted that the loader was equipped with either a missing or misaligned mirror, exacerbating the visibility issue.
The inquiry concluded that Agro Acres did not fulfill its responsibility to ensure a signaller was present when required, and similarly, Nick De Jong neglected to have a signaller assist him during the operation of the equipment under these unsafe conditions.
On April 29, 2026, following guilty pleas entered in Sarnia Provincial Offences Court, 1838107 Ontario Ltd. was fined $130,000, while De Jong received a $15,000 fine, both imposed by Justice of the Peace Daniel Peter Michael Byskal. This case underscores the critical importance of safety protocols and adherence to operational guidelines in construction and agricultural settings, particularly when heavy machinery is involved.

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