A worker was fatally buried when the walls of an unshored excavation collapsed during a municipal utility replacement project in Peel Region. The trench had been excavated to a depth of approximately three metres with no protective system installed, despite soil conditions and depth that made shoring, benching, or sloping legally mandatory under Ontario's Construction Projects Regulation.
What Happened
- Trench depth exceeded 1.2 metres — the threshold requiring a protective system under O. Reg. 213/91
- No shoring, benching, or sloping had been installed in the excavation
- A competent person had not inspected the excavation before workers entered
- A daily inspection log, required by regulation, was not being maintained
- Emergency rescue equipment was not staged at the work site
The Outcome
Clearway Construction Inc. was convicted of failing to ensure a protective system was used in the excavation, contrary to the OHSA and O. Reg. 213/91. The company was fined $150,000 plus a 25% victim fine surcharge.
Citation: 2019 ONCJ 401 · Penalty: $150,000
What This Case Teaches Ontario Contractors
A soil wall the width of a standard door can weigh over 1,800 kilograms — enough to crush a worker instantly and with no warning. No schedule pressure justifies entering an unprotected trench deeper than 1.2 metres. Competent person inspections, daily logs, and properly installed protective systems are legal requirements under O. Reg. 213/91, not optional safety measures.
This summary is drawn from the reported outcome of an Ontario occupational health and safety prosecution. It is provided for educational purposes and is not legal advice.