We all remember the scaffold accident that happened near the end of Christmas Eve day at the end of 2009. Metron Construction Inc. had 5 employees on their swing stage and it broke sending 4 out of the 5 employees to their death, 13 stories below. The 5th employee received 2 broken legs and a crushed spine.
Eight work orders, including two stop work orders, were issued prior to the accident. (from Oct. 20 and Dec. 17) Metron complied with the orders and they were lifted shortly after. On Dec. 17, Metron was given three more orders. The ministry said a temporary structure constructed in front of the exit ramp of a parking garage needed to be rectified because it did not meet requirements. Later that day, the MOL returned and found the company was in compliance and lifted the stop-work order.
Since the accident, the ministry has ordered Metron to produce documentation on training records for fall protection training of workers and copies of all health and safety inspections conducted between Sept. 1st and Dec. 24th. It has also requested a list of swing stage rental companies used on the project, minutes of all health and safety meetings and all rental agreements between Metron and its suppliers.
The Ontario Federation of Labour called on Ontario’s attorney general to investigate whether criminal negligence was involved. Bill C45 was created so it can be allowed to lay criminal charges if a company causes death or a serious injury due to negligence. The Ontario government officials said it is the police who should decide whether charges of criminal negligence should be laid in the deaths.
My opinion
The Westray Bill was definitely created to protect workers and is now part of the criminal code. Section 217.1 of the criminal code states, “Everyone, who undertakes, or has the authority to direct how a person does work or performs a task, is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.” (I teach Basic Certification, Level 1, which covers this)
In the event of a death at the workplace, the police are the first to investigate, and the MOL, awaits their finds. They do begin an investigation but allow the police the primary position. It is important to note that the police could be the OPP, the regional police, local police or the RCMP, depending on jurisdiction.
The latest on this case is that 61 charges have been laid so far including criminal negligence causing death. Bill C45 and its purpose will be under severe scrutiny. It will be interesting to note where the charges lead and to see the final disposition of them. I hope we do not see that the charges will be thrown out of court like we did at Westray in or we recently saw in Alberta in the death of a 16 year forklift victim. Life is too precious and a worker’s life is the responsibility of the employer, in any jurisdiction.
The Ontario Federation of Labour should already be aware that Bill C45 directs the police, not the government. The government cannot act until the police have concluded their investigation.
By the way, the 5th employee, the unlucky one that lived through this, has a lawsuit pending against Metron and Swing-N-Staff, the owner of the swing stage. I believe the lawsuit is for 16.5 million dollars. His lifetime healthcare will cost at least that much.
HRS Group Inc. has a great team that can help you with all your health and safety needs. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Remember — In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.
Hi! I just want to tell you that I found this blog really useful to me. I will visit this blog regularly to read more. Thanks.
Hello, I know this is not exactly your topic “An Example Bill C45 is Working and is Needed | HRSGroup – Providing Occupational Health and Safety Training”, but I have a blog using the wordpress platform as well and I’m having issues with my comments displaying. Is there a setting I am forgetting? Maybe you could help me out? Thank you.
Excellent information.
Wow! very nice information! Thanks a lot for sharing this article with me.
When are you going to post again? You really entertain a lot of people!
I like the helpful info you provide in your articles. I will bookmark your blog and check again here frequently. I’m quite sure I will learn lots of new stuff right here! Best of luck for the next!
I always follow your blog site. Narrator is very beautiful and informative articles. Would like to thank all the authors I wish you success.
Took me time to read all the comments, but I really enjoyed the write-up. It proved to become pretty useful to me and I am positive to all the commenters here. Its always great when you can not only be informed, but also entertained. Im certain you had fun writing this up.
Good read. Required more pictures though.
Excellent site. It was easy to follow for me.
What a great blog and revealing post.
You guys really know how to write a blog! This was extremely helpful. Thank you vey much.
Although some of websites may contain spam information, it appears your does not have that problem. Excellent information.
Thank you for all the great information you are providing for free.
Took me time to read all the comments, but I really enjoyed the article. It proved to be very helpful to me and I am sure to all the commentors here! It’s always nice when you can not only be informed, but also entertained! I’m sure you had fun writing this article.
Nice Blog.
Took me time to read all the comments, but I really enjoyed the article. It proved to be very helpful to me and I am sure to all the commenters here! It’s always nice when you can not only be informed, but also entertained! I’m sure you had fun writing this article.
I have been surfing about your blog and it looks really neat. impassioned about your writing. I am creating a new blog and hard-pressed to make it appear great, and supply excellent articles. I have discovered a lot on your site and I look forward to additional updates and will be back.
I was very pleased to find this site. I wanted to thank you for this great read!! I definitely enjoying every little bit of it and I have you bookmarked to check out new stuff you post.
I remember these guys first few days of work. They blocked a fire exit while a Metron manager and Cogir Manager was outside in the parking lot overseeing the workers. It is obivious that fire exits are not supposed to blocked. So of course a Fire Marshall showed up the next day informing the management company of the infraction.
Ministy isn’t all that innocent either. Theyt may put on paper companies are in compliance, but that is only because they are taking companies word it will be done which buys them a bit more time. So what also needs to be done is when a Ministry worker signs off on a work order, someone should check into right away.