The total of safety fines paid for the December 24, 2009 swing
stage collapse fatalities is now $1,240,000 after Swing N Scaff
Inc., the company that supplied the swing stage platform (a
suspended work platform), was fined $350,000.00 and a director of
Swing N Scaff was fined $50,000.00 under the Ontario
Occupational Health and Safety Act.
Four parties have now been convicted and fined as a result of
this tragic accident: Metron Construction Corporation, a director
of Metron, Swing N Scaff and a director of Swing N Scaff.
The Ministry of Labour states, in its press release, that at
least six workers were on the swing stage suspended 13 floors above
the ground when it broke apart in the middle and collapsed.
Ministry of Labour investigators found that the welds on the
platform were inadequate. Tragically, four workers died.
Swing N Scaff pleaded guilty to the Occupational Health and
Safety Act offence of failing to ensure that a suspended
platform and/or a component supplied to Metron Construction was in
The director of Swing N Scaff pleaded guilty to failing to take
all reasonable care to ensure a suspended platform was in good
condition and that a platform weighing more than 525 kilograms was
designed by a professional engineer in accordance with good
Previously, Metron Construction was fined $750,000.00 for criminal negligence
under the “Bill C-45″ amendments to the Criminal
Code; that amount was increased on appeal from the $200,000.00
fine set by the trial justice. Metron's Criminal Code
liability resulted from the actions of its site supervisor, who
Metron admitted was a "senior officer" of Metron, so that
his actions were taken to be the actions of Metron. The site
supervisor had directed and/or permitted six workers to work on the
swing stage when he knew or should have known that it was unsafe to
do so; directed and/or permitted the six workers to board the swing
stage knowing that only two lifelines were available; and permitted
persons under the influence of drugs to work on the project.
A director of Metron Construction was previously fined $90,000.00 under the Occupational
Health and Safety Act for failing to ensure that non-English
speaking workers received written material in their native
languages and failing to ensure that training records were
maintained; failing to ensure that the swing stage was not
defective or hazardous (by allowing it to be used without having
received any of the required information with respect to its
capacity and use); and failing to ensure that the swing stage was
not loaded in excess of the load that the platform was designed and
constructed to bear.
The Ministry of Labour’s press release on the Swing N
Scaff fine may be read
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances. Specific Questions relating to
this article should be addressed directly to the author.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Please join Dentons’ Pensions, Benefits and Executive Compensation group and special guest, Nick Gubbay, FCIA FFA, Principal, Eckler Consultants + Actuaries, as they take a closer look at ‘other (non-pension) post-employment benefits’ sometimes referred to as “OPEBs”.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).