The project manager who supervised the four workers who died
after a swing stage scaffold collapsed on Christmas Eve, 2009, has
been found guilty on four counts of criminal negligence causing
death and one count of criminal negligence causing bodily
harm. Vadim Kazenelson received the verdict today.
The court has not yet imposed his sentence.
Five parties have now been found guilty of safety-related
offences as a result of this tragic accident: Metron Construction
Corporation, a director of Metron, Swing N Scaff Inc., a
director of Swing N Scaff Inc. (all of which received fines),
and Mr. Kazenelson.
previously reported, the total of safety fines imposed for the
December 24, 2009 swing stage collapse fatalities is
According to the Ministry of Labour, 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 Inc., the company that supplied the swing stage
platform (a suspended work platform), had previously 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 Corporation was in
good condition. It was fined
The director of Swing N Scaff Inc. had previously 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 engineering practice. He was fined
$50,000.00 under the Ontario Occupational Health and
Previously, Metron Construction Corporation 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
A director of Metron Construction Corporation was previously
fined $90,000.00 under the Ontario 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.
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