On December 24, 2009, six workers
entered a faulty swing stage to repair balconies on the
13th floor of an apartment building in Toronto.
Only one worker was wearing fall protection. The swing stage
split into two pieces and four workers fell to their deaths, one
worker survived the fall but had devastating injuries and the one
worker that had fall protection on was safely rescued from the
Bill C-45, which is now part of the
Criminal Code, affects organizations and individuals who direct the
work of others. In this matter, charges were laid under the
Criminal Code. We have reported on the past charges and
convictions to the company that employed the workers, Metron
Construction. The company pleaded guilty to criminal
negligence and was fined $750,000 plus the 25% victim fine
surcharge (vfs). The Director of Metron Construction was
fined $90,000 plus the 25% vfs. The supplier of the swing
stage – Swing N Scaff Inc. was charged and convicted of
failing to ensure the swing stage was in good working condition and
received a fine of $350,000.00.
On Friday June 26, 2015 Vadim
Kazenelson, who was the project manager on December 24, 2009, was
found guilty of four counts of criminal negligence causing death,
and one count of criminal negligence causing bodily harm. In
this case, the Judge stated that Kazenelson was aware that fall
protections were not in place but let the workers board the swing
stage anyway. The Judge found that Kazenelson "showed
wanton and reckless disregard" for the workers.
Sentencing in this matter will take place at a later date and we
will report on the sentence imposed. The next court
appearance is scheduled for October 16, 2015.
In Ontario, the law regarding
working at heights changed on
April 1, 2015.
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