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Ottawa Permanent Roofing Fined $80,000 for Occupational Health and Safety Violations

Court Bulletin

Ottawa Permanent Roofing Fined $80,000 for Occupational Health and Safety Violations

Ministry of Labour

Convicted: Ottawa Permanent Roofing Inc.,900 Greenbank Road, Suite 385, Ottawa, Ontario, a company that provided roofing services. 

Location: A roofing project located at a residence in Ottawa, Ontario.

Description of Offence: A worker suffered critical injuries when a fire broke out on a rooftop balcony.

Date of Offence: July 5, 2017.

Date of Conviction: November 29, 2018; Sentencing: January 7, 2019.

Penalty Imposed:

  • Following an ex parte trial (in which no one appeared in court on behalf of the defendant), the company was fined $­­­­80,000 in Ottawa court by Justice of the Peace Andrew I. Seymour; Prosecutor Matthew De Lio, Student-at-law; Crown Counsel Gráinne McGrath.

Background:

  • Ottawa Permanent Roofing was hired by a homeowner to supply and install a new roof on a two-storey residential home, including a second-storey balcony.  Adhesive glue used in the installation of the balcony membrane caught fire while three workers were present on the balcony.
  • Two of the workers caught fire. One received serious burns to the arms, legs and torso as a result.
  • There was no fire extinguisher on the balcony.
  • There were no written emergency procedures for the project.
  • Workers did not have an adequate means of egress from the balcony during an emergency. 
  • Section 17(1) of the Regulation for Construction Projects prescribes that "A constructor shall establish for a project written procedures to be followed in the event of an emergency and shall ensure that the procedures are followed at the project."
  • Section 52 of the regulation prescribes that "fire extinguishing equipment shall be provided at readily accessible and adequately marked locations at a project," and "at least one fire extinguisher shall be provided...where flammable liquids or combustible materials are stored, handled or used."
  • Section 71 of the regulation prescribes that "adequate means of egress shall be provided from a work area to permit the evacuation of workers during an emergency."
  • Ottawa Permanent Roofing failed to ensure that the measures and procedures prescribed by sections 17.1, 52, and 71 of the Regulation for Construction Projects were complied with at the workplace, contrary to section 23(1)(a) of the Occupational Health and Safety Act.

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