The death of Joaquim (Jack) Silva, 54, on December 2, 2022, reminds us of the tragic consequences when the duty to plan for safe work and ensure competent supervision is ignored.
 
As Mr. Silva left for work on the fateful day more than three years ago, he told his wife, Bernadette, “It’s going to be a cold day today.” Mr. Silva would never return to the comfort of his warm house and those who loved him. He was killed after a valve ruptured causing the sudden flooding of a chamber more than 20 metres below ground at a municipal infrastructure water project in Mississauga. The 54-year-old husband, father, godfather, grandfather, co-worker, and friend was a labourer on the project.  

The convictions

On January 7, 2026, Mr. Silva’s employer, Technicore Underground Inc. pleaded guilty to criminal negligence causing his death, contrary to s. 220(b) and pursuant to s. 22.1(b), s. 217.1, and s. 219 of the Criminal Code of Canada. The company acknowledged in court that collective safety failures and omissions were causally connected to Mr. Silva’s death and reflected a wanton or reckless disregard for worker safety.

Mr. Joseph DiMillo, in his capacity as manager and supervisor, also acknowledged his failings and pleaded guilty for not taking all reasonable precautions required in the circumstances to protect Mr. Silva contrary to s. 27(2)(c) of the Occupational Health and Safety Act (OHSA).
 
Justice P.T. O’Marra accepted a joint submission from the Crown and Defense for both Criminal and Provincial charges. The employer, Technicore, was fined $225,000 under the Criminal Code. A $67,500 victim fine surcharge was also imposed pursuant to the Provincial Offences Act. As part of the joint submission, the court also issued a restitution order directing the employer to pay $200,000 to Mr. Silva’s wife.
 
The supervisor, Mr. DiMillo, was fined $62,500, including the victim fine surcharge. At the time of this offence, the maximum fine for a supervisor or others who contravene the OHSA or regulation was $100,000. It is now $500,000.

WHSC SUPERVISOR TRAINING. Register now to gain critical insight of the significant legal obligations to protect workers.

The collective safety failures

In his reasons for judgement published on January 27, 2026, Justice P.T. O’Marra explained, “The facts demonstrate multiple deficiencies in safety controls and preparedness at the time of the work.” This includes:

• No supervisor on site,
• No proper Field Level Hazard Assessment for deep confined-space work,
• Inadequate rescue and retrieval equipment,
• Lack of effective communication devices for the work,
• Insufficient emergency rescue training; and
• Failure to adhere to the company’s internal safety policies.

He went on to explain, “These supervisory and planning gaps undermined the identification and control of hazards that were inherent in the location and the repair activity.”

The need for training

Ontario’s Occupational Health & Safety Act (OHSA) requires employers to appoint a competent person as a supervisor. A competent person is:

• qualified because of knowledge, training and experience to organize the work and its performance,
• familiar with the OHSA and Regulations that apply to the work, and
• knowledgeable about any potential or actual danger to health or safety in the workplace.

Employers are also required to ensure supervisors complete occupational health and safety awareness training and be competent to carry out their significant obligations to protect workers. This must be done within one week of performing work as a supervisor and must address a wide range of topics, such as duties and rights of workers, duties of employers and supervisors, roles of worker health and safety representatives in smaller workplaces or joint health and safety committees (JHSCs) in larger ones, how to recognize, assess and control workplace hazards, and how to evaluate controls. 
 
An employer’s duty to train is much broader still. In the most general sense, they are required to provide information, instruction and supervision to a worker to protect the health or safety of the worker. More specifically, the OHSA and Regulations also mandate very specific training covering a range of topics from general worker health and safety awareness and WHMIS to equipment operator competency and joint health and safety committee certification.  

The role of WHSC

Workers Health & Safety Centre (WHSC), Ontario’s only government-designated health and safety training centre, is a leading provider of Supervisor Health & Safety Training that meets and exceeds mandatory training standards.

REGISTER FOR SUPERVISOR TRAINING to assist with saving lives and avoiding prosecution.

We also offer a range of essential and legally mandated training such as joint health and safety committee certification, health and safety representative training for smaller workplaces, GHS-WHMIS, workplace violence and harassment, construction health and safety awareness, working at heights, equipment operator training, and worker health and safety awareness.

Now through to June 30, we’re also offering workplace mental health training for $40 per participant per course, regularly priced at $75 each, in support of May Mental Health Awareness month. Courses include training in English and French and all modes of delivery – in-person, virtual classroom, and onsite. Visit our Workplace Mental Health Training page to explore your best training delivery option.

WHSC also offer a wide range First Aid training courses. 

Do you need training in French? Contact WHSC representative Christopher Gervais at cgervais@whsc.on.ca or 613-407-2187.

Access related resources:
Reasons for judgement in the death of Mr. Silva 
Criminal charges follow $850 K in fines related to killing of six workers
SPECIAL C-45 REPORT: Prison for supervisor found negligent in worker death
Inadequate work plan leads to critical injury and convictions

Need more information? 
Contact a WHSC Training Services Representative in your area.
Email: contactus@whsc.on.ca
Visit: whsc.on.ca
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