A worker was buried when an unshored trench wall collapsed during excavation work on a construction site. The trench exceeded 1.2 metres in depth and no protective system — shoring, benching, or sloping — had been installed before workers entered, as required under O. Reg. 213/91.
What Happened
- The excavation exceeded 1.2 metres in depth — the threshold that triggers mandatory protective system requirements under O. Reg. 213/91
- No shoring, benching, or sloping had been installed in the trench
- No competent person had assessed the soil type and conditions prior to entry
- Workers had not been instructed on the hazards of unprotected excavations
- The collapse occurred without warning, as trench wall failures characteristically do
The Outcome
Wylie-Crump Ltd. was convicted under the OHSA and O. Reg. 213/91 for failing to provide a protective system in an excavation exceeding 1.2 metres. The company was fined $175,000 plus the victim fine surcharge.
Citation: 2016 ONCJ 426 · Penalty: $175,000
What This Case Teaches Ontario Contractors
Any excavation or trench deeper than 1.2 metres legally requires a protective system under O. Reg. 213/91. Soil type and ground conditions must be assessed by a competent person before workers enter. The risk of trench collapse is not visible until it is too late — no schedule pressure justifies skipping this requirement.
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.