City of Toronto fined $175,000 for inspector death.

[Nick Gromicko]

City Of Toronto Fined $175,000 For Health And Safety Violation

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By: Canada NewsWire
May 22, 2007

TORONTO /CNW/ -- The City of Toronto was fined $175,000 on May 17, 2007 for a violation of the Occupational Health and Safety Act that resulted in the death of a city building inspector.

On September 24, 2003, two City of Toronto building inspectors were inspecting plumbing in a partially-built, two-storey home when one of the inspectors fell through an uncovered portion of a main-floor, stairway opening about 2.67 metres (eight feet, nine inches) to a concrete basement floor below. The inspector suffered head injuries and died the next day in hospital. The inspector had been on the job for just three weeks. The incident occurred at a construction site on Greenwood Avenue in Toronto. The house was being built by D/C Contracting Ltd., a Scarborough, Ont.-based construction company specializing in new home building and home/office renovations.

The City of Toronto pleaded guilty to failing to provide the deceased inspector with training on unguarded and uncovered floor openings and on Section 26.3(2) and Section 75 of the Regulations for Construction Projects. This was contrary to Section 25(2)(a) of the act.

The fine was imposed by Justice of the Peace James Cresswell at Old City Hall in Toronto. In addition, 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.

D/C Contracting Ltd. was fined $100,000 on October 23, 2006 for a violation of the act in connection with the incident.

[Mario A. Kyriacou, CHI]

Nick

The City of Toronto is known as a high risk employer.

http://www.citynews.ca/news/news_8205.aspx

[phinsperger]

Doesn't seem like very much for a city to pay for a life.

[W. Michael Chris]

Did his family recieve any assistance/help/benefits from this fine?

[Claude Lawrenson]

I agree that it does not seem, however, there are other legal remedies available. This merely represents a fine levied by the Ministry of Labour for the violation of the OHSA Act. It does not stop the family to legally sue the responsible parties.

[Mark C. Ferro]

As a workplace accident/death the family may not be able to sue if the City and that department are covered by the WSIB - compensation board. If that is the case then the family will receive surviour benefits from the WSIB.

[Vern Mitchinson, CMI]

Originally Posted by clawrenson

I agree that it does not seem, however, there are other legal remedies available. This merely represents a fine levied by the Ministry of Labour for the violation of the OHSA Act. It does not stop the family to legally sue the responsible parties.

If the employee is covered by workers compensation you can not sue. The law (Workers Compensation Act) specifically forbids it. The payout is $2000.00 for funeral expenses. Thats it. A pension is set up for the family based on the pay scale of the deceased. Alberta and Ontario are very close when it comes to WCB and H & S reg. So what applies in AB likely applies in ON.