Swing N Scaff Inc., Company Director Fined Total of $400,000 in Deaths of Four Workers
TORONTO, ON - Swing N Scaff Inc., the Ottawa-based company that supplied the swing stage platform that collapsed on December 24, 2009, resulting in the deaths of four workers and significant injuries to another, has been fined $350,000 in Old City Hall court. A company director, Patrick Deschamps, has been fined $50,000.
The workers were employed by Metron Construction Corporation of Toronto and were conducting balcony restoration on an apartment building at 2757 Kipling Avenue in Toronto. Swing N Scaff Inc. manufactured and supplied the swing stage that collapsed.
At least six workers were on a swing stage suspended about 13 floors above the ground when the modular 40-foot swing stage broke apart in the middle and collapsed. After forensic examination of the swing stage, Ministry of Labour investigators found it was not fit for its intended use as fabricated. In particular, the welds on the platform were inadequate.
Swing N Scaff Inc. pleaded guilty to failing to ensure that a suspended platform and/or a component supplied to Metron Construction Corporation was in good condition, and was fined $350,000.
Patrick Deschamps pleaded guilty to failing to take all reasonable care to ensure a suspended platform was in good condition and that a platform weighing more than 525 kilograms was designed by a professional engineer in accordance with good engineering practice. He was fined $25,000 for each count for a total fine of $50,000.
The fine was imposed by Judge Mara B. Greene. 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
Old City Hall
60 Queen Street West
Judge Mara B. Greene
Date of Sentencing:
December 4, 2014
Swing N Scaff Inc.
1485 St. Laurent Road
Occupational health and safety
Occupational Health and Safety Act
Regulation 213/91 (Construction Regulation)
Section 134, 139