Brian Daniel was a flag man working on the Hwy. 3 bypass at the Burwell Road bridge when he was struck and killed just before noon on July 2, 2014. A four-day coroner’s inquest into his death concluded Feb. 8, 2018 at the Elgin County Courthouse in St. Thomas.
Here are the 13 recommendations endorsed by the five-person jury.

1. Amend the definition of ‘highway’ to state: A general term that denotes a public way for the purposes of vehicular and pedestrian travel, including the area within a right of way. This includes King’s Highways, regional and county roads, and rural roads, municipal roads and streets with a normal posted regulatory speed that is over 60 km/h and is 90 km/h or less.

2. Amend the definition of ‘road’ to state: A general term that denotes a public way for the purposes of vehicular and pedestrian travel, including the area within a right of way. This includes regional and county roads, rural roads, municipal roads and streets with a normal posted regulatory speed of 60 km/h or less.

3. Amend the “Guidelines for Posting of Reduced Speed Limits in Construction Zones” in Section 2 of Ontario Manual Book 7 (Book 7) to state in the introductory paragraph: “The travelled way through a work zone must be designed to maximize worker safety. Where worker safety is not compromised, the work zone should be designed for a speed limit that is equal to or as close as possible to the design speed of the approaches to the work zone.

4. Amend the guideline for speed reduction at Table 1 of Book 7 to mandate enforceable speed reductions on highways (as defined in Recommendation 1) where workers are within 3 metres of a travelled lane open to traffic.

5. Amend the guidelines in Book 7 to require the use of AFADs (automated flagging arm devices), or appropriate devices for regulation/control of flow of traffic, provided there is no danger to workers or drivers caused by road conditions, on all highway construction sites (as defined in Recommendation 1) where workers are within 3 metres of a travelled lane open to traffic.

6. Amend the guidelines in Book 7 to mandate the use of radio communication at all times in by traffic control personnel.

7. Amend the guideline in Book 7 to mandate the use of Temporary Transverse Rumble Strips on the highway (as defined in Recommendation 1) to alert drivers to speed reductions and presence of workers working near traffic.

8. Pass a regulation or amend existing regulations to require mandatory and enforceable speed reductions on freeways and highways (as defined in Recommendation 1) of a minimum of 20 km/h when workers are within 3 metres of a travelled lane open to traffic.

To the Ministry of Transportation and the Infrastructure Health and Safety Association (and any related or relevant party the Ontario Government deems appropriate:

9. Undertake a pilot project at various sites in Ontario to determine if photo radar enforcement of speed limits is an effective means of compelling driver compliance with reduced regulatory speed limits around construction sites on highways (as defined by Recommendation 1).

To the Ministry of Labour:

10. Review and if necessary amend the appropriate Occupational Health and Safety Act regulations to require all workers engaged in traffic control to complete a mandatory, standardized traffic control program prior to performing any traffic control duties on a construction site. Such traffic control program should include training on the guidelines set out in Book 7, and with regular worker recertification as deemed most appropriate by the Ministry of Labour.

To the Ministry of Transportation:

11. Require the active discussion, post-acceptance of tender and prior to job commencement, between the constructor and MTO aimed at addressing the use of alternatives to traffic control persons, such as AFADs or appropriate devices for regulation/control of flow of traffic or reliance upon devices to enhance the safety and protection of all construction workers at a given construction work site.

To Constructors through the Ontario Road Builder’s Association:

12. Include in all daily pre-work safety talks, a reminder to follow and adhere to all safety regulations/requirements and advise of any safety concerns observed. Details must be recorded in daily logs/checklists.

To all traffic control persons:

13. All TCP paddles are to incorporate flashing/blinking LEDs to increase visibility of all traffic control personnel to drivers within a work zone.

Related post:

Inquest called into death of St. Thomas flag man

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