A few days ago a project manager for an Ontario construction company was sentenced to 3 and ½ years in prison for criminal negligence.
In June 2015 the Ontario Superior Court of Justice found Mr. Kazenelson guilty of 5 counts of criminal negligence in connection with the death of four workers on 24 December 2009. The court found that his conduct contravened section 217.1 of the Criminal Code.
Mr. Kazenelson was hired as the project manager for a construction company in connection with the repair of the balconies of two 18-story apartment buildings in Toronto. The accident occurred when the motorized swing stage with six workers on board collapsed and they fell to the ground from the 13th story, about 100 meters above ground. Only one of the workers wore a safety harness secured by a lifeline.
At trial the crown alleged that Mr. Kazenelson in the days leading up to the accident had demonstrated a pattern of substandard performance and had failed to inspect the swing stage. The court rejected those submissions. Nevertheless, it found him guilty because he knew at the time that there were only two lifelines to the six workers on the swing stage.
Section 217.1 of the Criminal Code provides that everyone who has the authority to direct how another person does work or performs a task to take reasonable steps to prevent bodily harm to that person.
Working without lifelines was a patent violation of the Ontario Health and Safety Act and Regulations. Mr. Kazenelson was under a duty to rectify the situation. He permitted the workers to board the stage, without any knowledge of the capacity of the stage. As such, he failed to take any steps to prevent the workers from using the stage and showed wanton and reckless disregard for the lives and safety of the workers, and the court found him guilty of criminal negligence.
- v. Kazenelson, 2015 ONSC 3639