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
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