THE EMPLOYERS' EDGE
Historic Guilty Pleas in Christmas Eve Workplace Fatalities
Ontario’s Courts are the current setting for a series of historic events in relation to regulatory and criminal charges stemming from one of Canada’s most infamous workplace tragedies.
On December 24, 2009 six workers were repairing balconies on a swing stage hanging from a high rise apartment building. Of the six workers, four were working without a safety harness, one was using his harness incorrectly, and only one was properly using fall arrest equipment. When the swing stage collapsed, the four unsecured employees fell to their deaths, while the fifth worker with an improper safety harness was seriously injured. The sixth emerged unscathed.
The company responsible for those employees was Metron Construction, who has been charged with offences under both the Occupational Health and Safety Act and the Criminal Code of Canada. In all, sixty-one charges were laid, including thirty against Metron Construction itself, fifteen against its President, and an additional eight against a Company Supervisor. Seven charges were also laid against the company that provided the swing-stage and it’s Director.
Following the accident, the Toronto Police conducted an investigation which resulted in numerous criminal charges being laid against Metron Construction, its President and Supervisor. Each has been charged with four counts of criminal negligence causing death, and one count of criminal negligence causing bodily harm.
On June 15, 2012 Metron Construction entered a guilty plea to one charge of criminal negligence causing death under the Criminal Code. There is no limit to a fine that may be imposed on a corporation, and the prosecution has sought a penalty of one million dollars.
As for the President of Metron personally, he has pled guilty to numerous counts under the Occupational Health and Safety Act, including: two counts of failing to take reasonable care to ensure a worker using a fall protection system was adequately trained and that there were proper records of training; one count of failing to take reasonable care to ensure a suspended scaffold was maintained in a condition that did not endanger a worker or was defective or hazardous; and one count of failing to ensure that a suspended platform complied with all aspects of the Construction Regulations. The President and prosecution have presented a joint submission on penalty for a fine of $22,500 for each charge, a total of $90,000. The Court has not yet accepted the joint submission, and is not obligated to accept it, but rarely deviates from a joint submission.
This case represents the first corporate guilty plea in Ontario under the Criminal Code as it was amended by Bill C-45 in 2004. If the Court agrees with the prosecution’s submission on the corporate fine, it will represent the biggest criminal penalty for criminal negligence causing death for a workplace accident in Canadian history, dwarfing the $100,000 fine imposed in Quebec against Transpave in 2008. Further, the proposed fine against Metron’s President, if accepted, will also represent the greatest fine imposed against any individual under Occupational Health and Safety law in all of Canada.
This news should come as a stark warning to all employers, especially those whose employees work with an element of risk, that failure to fully comply with the applicable Occupational Health and Safety regime in your jurisdiction can have dire legal consequences for corporations and individuals alike. While fines appear imminent for Metron, a prison sentence is available for a conviction of criminal negligence causing death in a workplace setting under the Criminal Code.
Of course, the greatest lesson to take from this matter is not simply the risk of punishment, but the very real danger of loss of life for workers whose employer do not take Occupational Health and Safety seriously enough to comply with the law and protect their employees. The lawyers of Crawford Chondon and Partners LLP have considerable experience and expertise in Occupational Health and Safety law, and can help ensure that your compliance with the law saves your company money, and potentially saves your employees’ lives. We will keep you updated on this historic event.
Please Note: This blog has been prepared as an informational service for our clients and other interested parties. It is not intended to constitute legal advice, a complete statement of the law or opinion on any subject. Although we endeavour to ensure the accuracy of the content, no one should act upon the information provided without a thorough examination of the law after the facts of a specific situation are fully considered.