OFL decries $1M fine against construction firm

Ontario Federation of Labour President Sid Ryan.

Sun News:

The Ontario Federation of Labour (OFL) expressed its frustration Saturday that the head of a Toronto-based construction firm won't be facing jail time for the deaths of four workers who died while working on a building in 2009.

While applauding the historic conviction of the company - the first in Ontario to face conviction for criminal negligence - the OFL said the $1 million fine sought by the prosecution "doesn't deliver sufficient justice to the victims and their families."

On Christmas Eve 2009, a swing stage at a Toronto high rise collapsed, resulting in five workers plunging 13 stories during construction repair. Four died and one was injured.

"How many workers need to die before a boss is put behind bars?" OFL president Sid Ryan asked in a statement. "The company pleaded guilty in the worst construction accident in Toronto in fifty years, yet the owner of the company is still a free man. It makes no sense to me that the person who profited most from risking the lives of workers isn't being held to account."

Ryan was referring to Metron Construction boss Joel Swartz. The OFL said it learned last week that Swartz pleaded guilty to four breaches of the Occupational Health and Safety Act, but the Crown dropped the criminal charges against him.

The OFL launched its "Kill a Worker, Go to Jail" campaign shortly after the tragedy. It called for the vigorous use of the Criminal Code of Canada provision that enables the prosecution of corporate executives, directors and managers who act wrongfully or negligently.

The Ontario government responded by creating a panel on workplace health and safety and launched a province-wide review that resulted in significant amendments to provincial laws that were designed to prevent similar tragedies.

According to the OFL, 436 workplace accident and occupational disease fatalities were reported in Ontario and over 240,000 injury claims were filed last year.

"Unless negligent employers face jail time, they will simply be able to buy their way out of responsibility," Ryan said. "And, write this off any potential fine as the cost of doing business. Without full justice under the law, workers will continue to lose their lives while their employers turn a profit."