June 27, 2012 we reported on the Metron Construction
Case. It is the case where six workers were repairing
balconies on a modular 40 foot swing stage hanging from the
13th floor of a highrise apartment building on December
24, 2009. Four of the workers were working without a safety
harness when the swing stage collapsed. All four unsecured
workers fell to their deaths. Metron was charged under both
the Criminal Code and the Occupational Health and Safety Act, and
entered a guilty plea to one charge of criminal negligence causing
death under the Criminal Code. The Company was fined $200,000
and the President of Metron was also charged and on a joint
submission to penalty a fine of $22,500 for each charge was agreed
to, for a total of $90,000.
September 18, 2013 we further reported on the Crown's
appeal of the fine to Metron. At sentencing the Crown had
sought a fine of one million dollars, but $200,000 was
ordered. The Court of Appeal determined that the fine was
"manifestly unfit" and a fine of $750,000 was
Today, December 4, 2014, the Company that supplied the swing
stage that collapsed, Swing N Scaff Inc., was fined $350,000, and a
company director was fined $50,000. The Ministry of Labour
investigation found that the swing stage was not fit for its
intended use as fabricated and in particular that the welds on the
platform were inadequate. The Company Director, also plead
guilty to failing to ensure that a suspended platform was in good
condition and that a platform weighing more than 525 kilograms was
designed by a professional engineer. The Director was fined
the maximum that a person can be fined under the Occupational
Health and Safety Act on the two counts.
In addition to the fines, the 25% victim fine surcharge will be
added to the fine amounts.
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health and safety compliance, including defending corporations
charged under the Occupational Health and Safety Act, and the
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