Labour, Immigration, Training and Skills Development
Convicted:
- Lakeridge Developments (Muskoka) Limited, 1A Lee Valley Drive, Port Carling
- Paul Kritski, Supervisor, Peak Roofing Services Inc.
Location of Workplace: Construction site at 92A Scully Road, Seguin
Description of Offence: A worker was injured after falling 30 feet from a roof at a construction project.
Date of Offence: November 12, 2020
Date of Conviction: June 21, 2022
Penalty Imposed:
- Lakeridge Developments (Muskoka) Limited was fined $50,000.
- Paul Kritski was fined $15,000.
- Both fines were imposed by Justice of the Peace Diane M. McAleer following a guilty plea at the provincial offences court in Parry Sound. Crown Counsel was Alicia Gordon-Fagan.
- The court also imposed a 25 per cent victim fine surcharge on each fine as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Background:
- On November 12, 2020, Lakeridge Developments was the constructor of a new cottage, guest cottage and two boathouses on a property in Seguin.
- Lakeridge Developments had subcontracted Peak Roofing Services to provide workers to install the roofing.
- A worker from Peak Roofing Services was on a flat section of roof, moving insulation, when they fell 30 feet to the ground below, suffering a critical injury.
- A Ministry of Labour, Immigration, Training and Skills Development investigation found that there were permanent, engineered anchor points on the roof and that the worker had fall protection training.
- However, at the time of the incident, the worker was not using fall protection and there were no guardrails installed along the perimeter of the roof.
- Peak Roofing Services supervisor, Paul Kritski, and three additional workers were also on the roof that morning. Fall protection was not being used by any of the crew.
- Section 26.1 of Ontario Regulation 213/91 for construction projects requires workers to be protected from falls through use of an adequate guardrail system or adequate fall protection.
- Lakeridge Developments contravened Section 23(1)(a) of the Occupational Health and Safety Act by failing, as a constructor, to ensure that the measures and procedures required by Section 26.1 of Ontario Regulation 213/91 were carried out.
- Paul Kritski contravened Section 27(1)(a) of the Occupational Health and Safety Act by failing, as a supervisor, to ensure that the measures and procedures required by Section 26.1 of Ontario Regulation 213/91 were carried out.