In the wake of the tragic scaffolding accident that occurred last Christmas Eve in which four foreign workers plummeted to their deaths, two Ontario companies now face the prospect of paying $17 million in fines for violations of the Occupational Health and Safety Act (OHSA), as well as at least $30 million in lawsuits.
Last December 24, five workers were working from a scaffold on the side of aToronto high-rise, when the scaffolding broke apart, causing the workers to fall 13 storeys to the ground, killing four of them, and leaving the one worker who survived with a broken spine and two broken legs.
After a seven-month investigation, the Ontario Ministry of Labour has announced that it would lay 30 charges against the workers’ employer, Metron Construction, four charges against Swing ‘N’ Scaff, the scaffolding supplier, 19 charges against the directors of each company and eight charges against a supervisor. Among the charges against the companies were; failure to ensure workers used devices to prevent them from falling, failure to ensure the platform wasn’t overloaded, failure to ensure the platform was designed according to safety regulations and failure to ensure the workers were properly trained. The charges against the individuals include improper training of employees.
The companies face possible fines of up to $500,000 for each of the charges, while the individuals potentially face a fine up to $25,000, and up to a year in jail for each charge. In addition to facing the potential fines, 22-year-old Dilshod Marupov, the worker who survived, has also filed a lawsuit against the companies, the building owner and the Ministry of Labour, seeking $16.3 million in damages. The lawsuit claims the workers weren’t trained properly or given safety gear, and alleges the scaffolding was faulty. The ministry is included because the suit claims it allowed the companies to continue operating at the worksite despite two previous stop work orders for safety violations. Marupov’s lawyer has also filed a $14 million lawsuit on behalf of the estate of one of the workers killed.
In addition to the civil fines under OHSA, the employers could also face serious fines and prison sentences based on a criminal investigation under the Criminal Code of Canada. Bill C-45, passed in 2004, expanded the criminal liability of organizations for workplace accidents and broadened the range of individuals who are subject to criminal charges. While there have been previous cases in which Ontario employers in have served jail time as a result of workplace accidents, the Criminal Code has rarely been used since Bill C-45 was passed.
According to the Ontario Federation of Labour, the number of Canadian workers killed on the job has risen over the past 15 years. Altogether, 479 work-related fatalities in Ontario were reported to the Workplace Safety and Insurance Board in 2009.