Excerpt from the government of Ontario’s ‘Newsroom’
Following a fire at a construction project in Kingston that led to a crane operator being rescued by military helicopter, the company that employed the worker and the company’s owner have been found guilty in court and fined.
On December 17, 2013, a residential construction project located at 663 Princess Street in Kingston caught fire. The crane operator was supplied by A & A Crane Inc. of Waterdown, a company owned by Aram Malek of Hamilton.
To evade the flames and heat of the fire the crane operator was forced to flee the cab and crawl out on the 65-metre-long boom of the crane, which was about 100 metres in the air. A military helicopter from Canadian Forces Base Trenton was sent to conduct an aerial rescue of the crane operator, who suffered burns and was hospitalized.
Two days after the fire and rescue, a Ministry of Labour inspector contacted Malek to request records. The information requested included proof of employment of the worker, the contract between A & A Crane and the constructor, and forms required by the Workplace Safety and Insurance Board (WSIB).
Some, but not all, of the requested documentation was provided by email and fax. Another ministry inspector attempted to set up a meeting for an interview with Malek but was unable to reach him by telephone or at his residence. Both inspectors testified that, given the lack of response from Malek, they were not able to continue their investigation with respect to A & A Crane or obtain additional information they felt was necessary for the investigation.
Proceeding to trial, on April 30, 2015, Justice of the Peace Paul A. Welsh convicted Malek of two counts under the Occupational Health and Safety Act. He was found guilty of knowingly furnishing an inspector with false information or neglecting or refusing to furnish information required by an inspector, and to failing to furnish all necessary means in the person’s power to facilitate any entry, search, inspection, investigation, examination, testing or inquiry by an inspector. He was fined $10,000 and $9,000 respectively.
The company, A & A Crane Inc., was found guilty of failing to comply with a requirement of an inspector in relation to a project located at 663 Princess Street, Kingston, and fined $8,000.
In addition to the fine, the court 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.
My opinion
The law(s) in contravention:
A & A Crane Inc. was found guilty of a contravention of the Occupational Health and Safety Act, (OHSA), section 66(1)(b) which states,
“(1) Every person who contravenes or fails to comply with,
(c) an order of the Minister,
is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than twelve months, or to both.”
Aram Malek, the company owner, was found guilty of a contravention of section 62, subsection (3) of the Occupational Health and Safety Act, (OHSA) which states,
“No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information required by an inspector,
(a) in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations; or
(b) in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.”
Aram Malek was also found guilty of a violation of section 62(2)(a) of the OHSA which states,
“Every person shall furnish all necessary means in the person’s power to facilitate any entry, search, inspection, investigation, examination, testing or inquiry by an inspector,
- in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations.”
This is the standard on the job for any worksite in Ontario. The Ministry of Labour (MOL) has the right to investigate safety accidents/incidents, on-site inspections and has to be furnished with all the help necessary. I guess Aram Malek did not get the memo.
Working safe on a site in not a privilege but a right and the worker was entitled to vast array of protection.
I do hope the worker was able to sue and get the finances necessary to carry on with a decent quality of life.
Since Aram Malek was not forthcoming with the MOL I do not see him offer any compensation willingly to this particular worker without wasting the courts’ time.
Too bad for the worker.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.