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Burton Roofing Fined $60,000 After Worker Falls, Suffers Injury

Archived Court Bulletin

Burton Roofing Fined $60,000 After Worker Falls, Suffers Injury

WHITBY, ON - 1608337 Ontario Inc., carrying on business as Burton Roofing, has been fined $60,000 after a worker fell from a roof and sustained injury to lower limbs.

On October 12, 2012, a worker was engaged in roofing activities at a residential address on Concession Road 5 in Uxbridge. The worker fell from a height of about 13 feet and suffered breaks to the heels.

The worker had been using a travel restraint system that was attached to the roof by half of one nylon anchor strap. The nylon anchor strap was not wrapped around a structural member, as specified in an instruction manual; instead it was screwed into wood. When the worker used this system, the nylon anchor strap pulled free from the roof and the worker fell.

The worker had received no training in the use of the anchor strap.

urton Roofing was found guilty of failing to ensure compliance with Ontario's construction regulation, which specifies that all tools and equipment must be used in accordance with any operating manuals issued by the manufacturers.

The company was also found guilty of failing as an employer to provide information, instruction and supervision to a worker to protect the worker's health and safety, and of failing to take every precaution reasonable in the circumstances.

The fine was imposed by Justice of the Peace Leona M. Dombrowsky.

In addition to the fine, 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.

Court Information at a Glance

Location:                     Provincial Offences Court

                                    605 Rossland Avenue East                                                                 

                                    Whitby, Ontario

Judge:                         Justice of the Peace Leona M. Dombrowsky


Date of Sentencing:   March 19, 2014

Defendant:                  Burton Roofing/1608337 Ontario Inc.

                                   120 Arlington Avenue

                                    Oshawa, Ontario

Matter:                       Occupational Health and Safety

Conviction:                Occupational Health and Safety Act

                                   Section 23(1)(a), 25(2)(a), Section 25(2)(h)


Crown Counsel:         Catherine Glaister

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