An Ontario supervisor has been convicted and fined under the
Occupational Health and Safety Act for disturbing an
According to a Ministry of Labour press release, a worker at a
residential construction site sustained fractures and a back injury
when he fell through an open deck that had been framed but not
yet completed. According to the press release, the
supervisor "directed workers to install guardrails and the
deck floor before the Ministry of Labour attended the scene. This
was done without the permission of a ministry inspector."
The supervisor was fined $2,500.00.
The company pleaded guilty and was fined $50,000.00 for failing
to ensure that a guardrail system was in place.
This case demonstrates the importance of employers ensuring that
employees do not disturb the scene of an accident –
other to attend to an injured worker – until the Ministry of
Labour inspector has arrived. Inspectors and prosecutors will
show little mercy to those who disturb the scene and potentially
make it difficult for the inspector to carry out his or her
investigation, particularly if the inspectors suspect an attempt to
cover up the facts.
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