LAKE OF BAYS — A Lake of Bays roads supervisor may not have been following township policy in the events leading up to the 2008 death of a municipal employee, a Bracebridge court heard last week.
During testimony in provincial offenses court Feb. 25, Tom Brown, director of public works for the Township of Lake of Bays, said only in an emergency during plowing and sanding should a municipal vehicle be used to pull another disabled municipal vehicle. Brown testified for the defence in the hearing into the death of Lake of Bays mechanic David Ransom. Ransom, 48, died on March 19, 2008 at the township’s public works yard between Dorset and Baysville on Highway 117 when he was pinned between two heavy trucks.
Lake of Bays roads supervisor Lauri Romanko has pleaded not guilty to Occupational Health and Safety Act charges. Romanko is charged with failing in his duties as a supervisor, failing to notify an employee of the existence of danger of which the supervisor was aware, knowingly violating an employer’s policy and not ensuring he had full view of the signaller or the person directing a vehicle backing up.
A hearing began in the case on Feb. 23. The hearing wrapped up Feb. 25.
Ransom and Romanko were attempting to tow a disabled snowplow truck with another municipal snowplow truck at the time of the accident, court heard.
Brown said the policy on towing was meant to prevent a municipal snowplow vehicle from being diverted from a designated route to tow another vehicle during sanding and plowing operations.
Brown said on the day of the accident, all the snowplows had been out and returned.
In cross examination, Brown confirmed this policy was the only one on towing vehicles. He also said Romanko was aware of the policy.
Romanko faces up to a year in prison and/or a fine of up to $25,000, if found guilty in the case.
Crown counsel Tom Schneider argued Ransom was not in a safe and proper place at the time of the accident because he was between two trucks. Romanko was also not following township policy on towing, Schneider indicated.
The crown called two OPP officers, a Ministry of Labour inspector, an employee of Lake of Bays Township and an expert witness during the first two days of the trial. OPP officer Jane Ramsay presented photographs from the scene of the accident.
Photographs showed both trucks were connected with a chain. The truck mirrors and windshields appeared dirty in the photos.
OPP detective Const. Andrew Muller said Romanko’s statement indicated he saw Ransom in the passenger side mirror before Ransom disappeared from sight. Ransom was giving direction with hand signals, not verbally, because of the noise of the truck, according to Romanko’s statement to police.
Based on Romanko’s account, Ransom must have stepped between the trucks at some point, indicated Michael Benedict, inspector for the Ministry of Labour, during testimony.
There were some indications that the bay where the truck was towed was dark.
Leonard Biesik, a snowplow operator for the township, testified that the bay where the disabled truck was had worse lighting than the other bays at the time. Photos showed a panel of lights was not operating. Biesik said he couldn’t recall if there was a problem with the light panel.
Defence lawyer Ryan Conlin said Romanko understood the policy did not apply in the garage.
Romanko is currently a roads supervisor with the township. He was never suspended from his duties as a result of the incident, Don Chevalier, township chief administrative officer confirmed in a telephone interview.
“Our philosophy is innocent until proven guilty,” said Chevalier.
The township is paying $47,000 in legal fees for Romanko, he confirmed.
No charges were laid against the township related to Ransom’s death, confirmed Matt Blajer, a spokesperson with the Ministry of Labour.
The township is concerned about health and safety and has made improvements since Ransom’s death, according to Chevalier.
“Health and safety is a high priority for us and the accident just highlighted the importance of (it),” he said.
Chevalier said the township went through a type of health and safety audit last year. The township failed the first audit and passed the second. It appears to be the norm to fail the first audit, he said. The township required some additional documentation to pass the second audit, Chevalier explained.The township has hired a health and safety consultant to implement training for all staff, he said. There are approximately 25 full-time employees and more part-time workers in the summer, said Chevalier.
Spring verdict expected
The outcome of the hearing may not be known for several weeks.
Justice of the peace Ann-Marie Puusaari is expected to reach a decision after receiving written submissions from both defence and crown counsel. The date of the decision reading is not yet known, but it could be in April or May.