Municipal, provincial governments fined for 2011 road fatality

ST. JOHN’S, N.L. – The City of St. John’s and the Newfoundland and Labrador Department of Transportation and Works have each been ordered to pay a fine of $60,000 for breaking oh&s laws, violations that led to the death of a government inspector and injuries to two other workers on a St. John’s highway on July 5, 2011. That day, a group of employees of the City, the Department and Irving Oil Commercial GP were inspecting pavement on the TransCanada Highway when an SUV swerved into another lane, lost control and collided with the workers (COHSN, July 11, 2011). Department employee Joseph English, 51, was killed. On Sept. 2 of last year, a Royal Newfoundland Constabulary officer testified in court that a lack of warning signs on the road was largely to blame for the accident (COHSN, Sept. 15). “The employers failed to establish that they had taken all reasonable care and that the defence of due diligence had not been proven on a balance of probabilities,” Provincial Court Judge Mark T. Linehan concluded in court documents from the trial, dated Dec. 9. The two $60,000 fines were announced on Feb. 27.

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