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News » Canada » Repeat safety offence brings jail for Toronto roofer » published 28 Nov 2017

Repeat safety offence brings jail for Toronto roofer

A roofing company has been fined and its director sentenced to jail for safety shortcomings at a site in Toronto.

The corporation, Sunny Roofing, and director Dong Mo (individual/director) were convicted after workers at the residence in North York were observed in September 2016 not wearing fall protection such as harnesses or hard hats. The protection is required by Ontario Regulation 213/91, the Construction Projects Regulation.

An Ontario Ministry of Labour health and safety inspector attended at the site in North York in response to a complaint about unsafe roofing activity. The inspector noted contraventions and issued orders for the corporation to comply with safety regulations.

The inspector made multiple attempts to contact the corporation and its director to ensure continuing compliance with the Occupational Health & Safety Act (OSHA) and the orders issued under its authority. However, the company and its director ignored the inspector, which had the effect of obstructing the performance of an inspector under the OHSA, which itself constitutes a contravention of the law).

The company and its director have been previously convicted of violating the OHSA, in Burlington (March 2017) and in Brampton (September 2015).The violations were similar to the current convictions: failure to ensure workers used protective apparel/fall protection, and obstructing an inspector in the performance of duties.

As in previous incidents, workers fled when they saw the inspector approaching. Attempts to contact the company and its director were ignored.

Neither of the defendants attended court.

Sunny Roofing was fined a total of CA$56,000 for six different contraventions and Dong Mo was sentenced to 20 days in jail for failing to take all reasonable care to ensure the company complied with the OHSA and its regulations, and the orders and requirements of an inspector.

The court also imposed a 25% 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.

 

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This article was published on 28 Nov 2017 (last updated on 28 Nov 2017).

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