An Ontario, Canada truck driver has been sentenced to 20 days in jail following a workplace accident that killed a construction worker, according to employmentlawtoday.com.

On Aug. 10, 2002, a worker was struck by a reversing truck and died of his injuries. Just prior to the incident, the worker — who was wearing a red and yellow safety vest — was seen gesturing to the driver of the reversing truck to move the truck over.

The worker then was seen jumping onto a second truck’s running board, a step located several feet off the ground that juts out just below the driver’s door. The first truck continued reversing and made contact with the second truck. The worker on the running board, who was still gesturing to the driver of the reversing truck to move over, was eventually seen being rolled between the two trucks and fell to the ground.

Both the deceased worker and the driver of the first truck were employed by Cox Construction Ltd. of Guelph, Ont. The company was involved in a road reconstruction project in Erin, Ont..

Following a three day trial, the truck driver was found guilty as a worker of:

operating equipment in a manner that endangered another worker; and

operating a vehicle without the assistance of a signaller in circumstances which would have required a signaller.

Both charges were brought under Ontario’s Occupational Health and Safety Act. The act allows fines against individuals up to $25,000 and jail times of up to 12 months. Employers can be fined up to $500,000 under the legislation.