Design Air Ltd. Fined $70,000 After Worker Killed
TORONTO, ON - Design Air Ltd., a Thornhill heating, ventilation and air conditioning (HVAC) company, was fined $70,000 after a worker was fatally injured.
On April 16, 2012, a supervisor employed by Design Air Ltd. and an apprentice prepared to repair an HVAC unit at a residential home in Toronto. The HVAC unit was located on top of a flat roof at the rear of the residence. The apprentice was sent up to the roof to look at the equipment while the supervisor performed other tasks. A short time later, the apprentice was found lying on the ground at the rear of the residence. The apprentice suffered fatal injuries as the result of a fall.
A Ministry of Labour investigation determined that the apprentice had fallen about nine metres and was not wearing any form of fall arrest equipment at the time of the fall.
Design Air Ltd., pleaded guilty to failing to take the reasonable precaution of ensuring that a worker was protected by a fall arrest system as required by law, and was fined $70,000.
The fine was imposed by Justice of the Peace Sunny Ng. 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
Ontario Court of Justice
70 Centre Avenue
Justice of the Peace Sunny Ng.
Date of Sentencing:
August 11, 2014
Design Air Ltd.
140 Doncaster Avenue
Occupational health and safety
Occupational Health and Safety Act, Section 25(2)(h)