Two companies, two supervisors fined a total of $297,000 after the death of a young worker

TORONTO, April 28 /CNW/ - Brook Restoration Ltd., a Toronto construction
company, was fined $150,000 on April 22, 2009, completing a case that saw
another company and two individuals also convicted for violations of the
Occupational Health and Safety Act (OHSA), after a young worker was killed on
the job.
On January 17, 2007, a young worker employed by Ontario Roofing & General
Contracting Services Ltd., fell over 42 metres (140 feet) from a roof canopy
at 5900 Yonge Street in Toronto, sustaining fatal injuries. Ontario Roofing &
General Contracting Services was subcontracted by Brook Restoration Ltd. to
perform work on this project.
A Ministry of Labour investigation found that the worker for Ontario
Roofing & General Contracting Services Ltd. fell while clearing snow and ice
from roof canopies that were being restored. The investigation concluded that
the worker, although wearing a full body harness, was not connected to any
anchor or fixed support at the time of the incident.
Brook Restoration Ltd. pleaded guilty to failing, as a constructor, to
ensure that every employer and every worker on the project at 5900 Yonge
Street complied with the fall protection measures set out in Ontario
Regulation 213/91. This was an offence under the section of the OHSA that sets
out the duties of constructors. In this case, the conviction was for failing
to ensure that Ontario Roofing & General Contracting Services Ltd. ensured
that every worker was adequately protected by a method of fall protection.
In earlier proceedings, Ontario Roofing & General Contracting Services,
supervisors Luis Gomes and Carlos Laranjeira pleaded guilty and were fined
$115,000, $20,000 and $12,000 respectively for violating the fall protection
requirement.
Ontario Roofing & General Contracting Services Ltd. pleaded guilty on
October 3, 2008, to failing, as an employer, to ensure that a worker was
adequately protected by a method of fall protection. This was contrary to the
duties of employers as set out in the OHSA.
Also on October 3, 2008, Luis Gomes pleaded guilty to failing, as a
supervisor, to ensure that a worker was adequately protected by a method of
fall protection, contrary to the duties of supervisors as set out in the OHSA.
Another supervisor, Carlos Laranjeira pleaded guilty to the same charge on
October 28, 2008.
The fines were imposed by Justice R. Bigelow. In addition to the fines,
the court also imposed a 25-per-cent victim fine surcharge as required by the
Provincial Offences Act. The surcharge is credited to a special provincial
government fund to assist victims of crime.