Document Details

2012-07-13

Linda Nguyen

The Canadian Press

Toronto

TORONTO _ A construction company in Ontario has been fined
$200,000 on a criminal conviction in the deaths of four workers in a
scaffolding accident three years ago.

The conviction for criminal negligence causing death against
Metron Construction was the first of its kind in Ontario under the
Criminal Code.

The incident occurred on Christmas Eve in 2009, when high-rise
scaffolding snapped from a building in Toronto, sending four workers
plunging 13 floors to their deaths. One worker survived.

Metron pleaded guilty, and criminal charges against its owner,
Joel Swartz, were dropped.

The company had faced a fine of up to $1 million.

Ontario Justice Robert Bigelow said Friday the fine should send a
message to companies that the court does not take workplace safety
lightly.

The company will have to pay $100,000 within 30 days and the
remainder within 12 months.

Swartz was also sentenced to pay $90,000 for the four charges
under the province's Occupational Health and Safety Act in the four
deaths.

The company and Swartz were also ordered to pay a victim
surcharge totalling $52,500 _ bringing the total fines to $342,500.

``Health and safety legislation exists to protect workers from
serious injury or death in the workplace and the overriding
principle to be considered by the court is that of deterrence and
any fine imposed must be substantial enough to warn others that the
offence will not be tolerated,'' said Bigelow.

Neither Swartz nor any of the victims' families were present at
the proceedings Friday.

Outside the courthouse, Sid Ryan, head of the Ontario Federation
of Labour, said the fines were a slap on the wrist and a
``disgrace.'' Labour activists have said they wanted to see jail
time, not just fines.

Following the accident, it was discovered that safety measures
like a fall-protection system were not in place when the workers
went up on the 12-metre scaffolding floor of the high-rise building.

The company also admitted to not keeping proper training records
or ensuring that the scaffold was properly maintained.

Between 80 and 90 workers a year die in Ontario on average in
workplace mishaps, according to provincial statistics.

accident, safety

Construction trades helpers and labourers

Ontario

English