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Date:
2014.12.04

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Occupational Health and Safety

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THE EMPLOYERS' EDGE

Supplier and Director of Company Fined $400,000 in Metron Fatalities

On June 27, 2012 we reported on the Metron Construction Case.  It is the case where six workers were repairing balconies on a modular 40 foot swing stage hanging from the 13th floor of a highrise apartment building on December 24, 2009.  Four of the workers were working without a safety harness when the swing stage collapsed.  All four unsecured workers fell to their deaths.  Metron was charged under both the Criminal Code and the Occupational Health and Safety Act, and entered a guilty plea to one charge of criminal negligence causing death under the Criminal Code.  The Company was fined $200,000 and the President of Metron was also charged and on a joint submission to penalty a fine of $22,500 for each charge was agreed to, for a total of $90,000.

On September 18, 2013 we further reported on the Crown’s appeal of the fine to Metron.  At sentencing the Crown had sought a fine of one million dollars, but $200,000 was ordered.  The Court of Appeal determined that the fine was “manifestly unfit” and a fine of $750,000 was substituted.

Today, December 4, 2014, the Company that supplied the swing stage that collapsed, Swing N Scaff Inc., was fined $350,000, and a company director was fined $50,000.  The Ministry of Labour investigation found that the swing stage was not fit for its intended use as fabricated and in particular that the welds on the platform were inadequate.  The Company Director, also plead guilty to failing to ensure that a suspended platform was in good condition and that a platform weighing more than 525 kilograms was designed by a professional engineer.  The Director was fined the maximum that a person can be fined under the Occupational Health and Safety Act on the two counts.

In addition to the fines, the 25% victim fine surcharge will be added to the fine amounts.

CCPartners has extensive expertise in all areas relating to health and safety compliance, including defending corporations charged under the Occupational Health and Safety Act, and the Criminal Code.

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.

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