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Convicted: Steven Bell, sole proprietor of a roofing company in Belleville, Ontario

Location of Workplace: A residential roofing project in Trenton, Ontario

Description of Offence: A worker was observed by a ministry inspector working on a pitched roof without wearing fall protection, as required by law. Fall protection contraventions are considered one of the 'killer contraventions' in Ontario and are treated seriously by the ministry.

Date of Offence: September 5, 2020

Date of Conviction: November 27, 2023

Penalty Imposed:

• Following a guilty plea in the Ontario Court of Justice, Bellville, Steven Bell was given a suspended sentence, subject to a probationary order, which strips him of the right to work or employ anyone, directly or indirectly, in the construction industry.
• The Justice of the Peace was Andrew I. Seymour. The Crown Counsel was Neil Gobardhan.

Background:

• On September 5, 2020, a ministry inspector arrived at a roofing project for a two storey multi-unit residence in the City of Quinte West.
• The employer was on site, along with two workers.
• The inspector noticed that one of the workers was on the pitched roof of the structure, over three metres from the ground below, without any fall protection.
• Section 26.1(2) of Ontario Regulation 213/91 (Construction Projects) states that a worker who is exposed to a fall of greater than three metres must use an approved method of fall protection.
• Section 25(1)(c) of the Occupational Health and Safety Act states that an employer must ensure all the regulations are followed at the workplace.
• By failing to ensure workers wore appropriate fall protection equipment, Bell violated the Act.
• Bell had four previous convictions under the Act:

1. On March 11, 2013, a ministry inspector observed three roofers in Belleville, employed by Bell, working at a height of more than three metres without being protected by fall protection. There were no injuries. The $2,000 fine for that conviction has not been paid.
2. On November 16, 2013, a ministry inspector observed four roofers in Belleville, employed by Bell, working at a height of more than three metres without being protected by fall protection. There were no injuries. A $4,500 fine was levied, of which $900 remains unpaid.
3. On October 7, 2015, a ministry inspector observed a roofer in the City of Quinte West, employed by Bell, working at a height of more than three metres without being protected by fall protection. There were no injuries. For that offence, Bell was sentenced to one day of imprisonment and fined $10,000, which has not been paid.
4. On July 22, 2017, a ministry inspector observed a roofer in Belleville, and employed by Bell, working at a height of more than three metres without being protected by fall protection. There were no injuries. For that offence, Bell was sentenced to seven days of imprisonment.

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