Convicted: Always Roofing Ltd., 97 Homesdale Road, York, Ontario, a company engaged in commercial, industrial and institutional roofing work throughout southern Ontario.
Location: 230 Advance Boulevard, Brampton, Ontario.
Description of Offence: Roofing workers removed a skylight but did not install a guardrail system around the opening or place a protective covering over the opening as required by safety regulations. A worker fell through the skylight opening.
Date of Offence: December 7, 2015.
Date of Conviction: January 16, 2018.
- Following a guilty plea, the company was fined $55,000 by Justice of the Peace Alston A. Gunness in Mississauga court (950 Burnhamthorpe Road West, Courtroom M1); Crown Counsel Shantanu Roy.
- The court also 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.
- Always Roofing had been hired to replace the existing flat roof of the building. Always Roofing workers removed a skylight, thereby leaving an opening on the surface of the roof.
- Following the removal of the skylight, the workers did not install a guardrail system around the opening nor did they place a protective covering over the opening.
- An Always Roofing employee was applying glue near the skylight opening, walking backwards and lost balance before falling through the skylight opening.
- The worker fell approximately 27 feet to the ground below, sustaining critical head injuries.
- The Ministry of Labour investigated and concluded that Always Roofing Ltd. committed the offence of failing as an employer to ensure that the measures and procedures prescribed by section 26.3(2) of Ontario Regulation 213/91(the Construction Projects Regulation) were carried out at a workplace. This was contrary to section 25(1)(c) of the Occupational Health and Safety Act.
- Always Roofing failed to ensure that either a guardrail system or a protective covering was used to prevent a worker from falling through an opening on a work surface as required.