Contractors didn't properly train snowplow operators, report into London driver's death finds
The City of London failed to make sure snow-clearing contractors had sufficient training and qualifications
The 26-year-old killed by a CN train while operating a snowplow for the City of London last year wasn't properly trained by the company that employed him, the Transportation Safety Board (TSB) has found.
Londoner Malcolm Trudell was killed in early January 2018 when the Bobcat he was operating to clear city sidewalks was hit by an eastbound freight train on Colborne Street.
By the time he was killed at about 9:40 a.m. on Jan. 9, he'd been awake for almost 24 hours and working for almost 12 hours to clear the more than 10 cm of snow that had accumulated over the preceding two days, according to the TSB report.
The board released its final report into the crash Wednesday.
Fatigue and concentrating for long periods of time can affect performance, the report points out.
The City of London has an extensive training program for its sidewalk snowplow operators, including a three-day orientation program, classroom and practical driver training, which includes up to 40 hours of in-seat time to master the different machines, and special tips for operators.
But in 2015, when the city outsourced some of its snow clearing, it did not provide any formal training programs for snowplow contractors, nor did it give them any of the safety tips it had, according to the report.
Insufficient training
"Neither Jackson Pools nor Wee Bee provided a formal training program to their employees," according to the report.
Trudell worked for Jackson Pools as a construction worker, and was trained on the Bobcat.
Jackson Pools was contracted by the city to clear sidewalks, and in turn contracted Wee Bee to help with snow-clearing operations.
In December 2017, Trudell was hired by Wee Bee to clear sidewalks, including the Colborne Street crossing. He didn't get specific training on how to cross a railway crossing safely in a snowplow, the report states.
On Jan. 8, the day before the incident, Trudell woke up at 11 a.m., was called into work at 8 p.m. and was picked up at 10:30 p.m. for work.
The crash happened at 9:40 a.m. on Jan. 9.
Trudell had a G1 licence and not a G licence, as required by the city's contract.
Didn't see the train
The crossing, between York and Horton streets, is equipped with a flashing light, a bell, and gates, but the position of the snowplow as well as the noise from its motor prevented Trudell from seeing the oncoming CN train, the TSB found.
"As the snowplow travelled onto the crossing and into the path of the train, the snowplow operator's attention was focused either directly forward at the sidewalk that was about to be cleared of snow or off to the right-hand side where the snow was being thrown toward the east," the report states.
"The speed at which the snowplow was travelling on the crossing was conducive to stopping quickly in advance of the train, if the operator had detected the train. However, the snowplow did not stop to avoid the train. Moreover, adjustment of the blower just before the plow occupied the south main track indicates that the operator's attention at that time was directed to his right, away from the direction of the oncoming train," according to the report.
"The operator did not look toward the train during the seconds leading up to impact. Therefore, the investigation determined that the snowplow operator was focused on clearing snow at the crossing and was not monitoring for approaching trains."
Following Trudell's death, the City of London has required snowplow operators employed by contractors to participate in a review of safe operating practices at railway crossings, and contractors were given "guidance documents" on snow clearing at crossings.
Before the courts
The city could not comment on the TSB's report because the issue is before the courts.
The City of London, J. Jackson Pools Inc., and Wee Bee Contracting were all charged under the Occupational Health and Safety Act (OHSA) in Dec. 2018.
The city and Jackson Pools were both charged as employers under the OHSA with two counts each:
- Failing to take every precaution reasonable in the circumstances for the protection of a worker, at a workplace in London, Ontario, contrary to section 25(2)(h) of the Act.
- Failing to provide information, instruction and supervision to a worker to protect the health and safety of the worker, at a workplace in London, Ontario, contrary to section 25(2)(a) of the Act.
Wee Bee was separately charged as an employer under the OHSA with three counts:
- Failing to take every precaution reasonable in the circumstances for the protection of a worker, at a workplace in London, Ontario, contrary to section 25(2)(h) of the Act.
- Failing to provide information, instruction and supervision to a worker to protect the health and and safety of the worker, at a workplace in London, Ontario, contrary to section 25(2)(a) of the Act.
- Failing to ensure that the measures and procedures prescribed by section 2(4) of Ontario Regulation 381/15, as amended, were carried out at a workplace in London, Ontario, contrary to section 25(1)(c) of the Act.
The Ontario Ministry of Labour says the matter will be addressed in court on July 18.