Another Prison Sentence for Health and Safety Violation
Canada November 28 2016
This month, another individual was sentenced to prison for violating the [FONT=Roboto Slab]Occupational Health and Safety Act(the “OHSA”) onAugust 17, 2015. [/FONT]
The violations related to an accident that occurred when aworker fell from the roof of a two-storey home. At the time of the accident,the worker was working for AB Clothier Roofing,
which is a roofing businessoperated as a sole proprietorship by Mr. A. Bradley Clothier.
Fall protection and lifelines did not prevent the worker’s fall because Mr. Clothierhad not made them available to the worker.
In light of this and in an attemptto deceive the Ministry of Labour, Mr. Clothier directed one of his workers toclimb onto the roof after-the-fact and put up fall protection and lifelines.
Due to his misconduct, Mr. Clothier was charged with committing the followingoffences:
1.attempting to hinder, obstruct, molest or interfere with an inspector in theexercise of his or her power, or performance of a duty, under section 54 of theOHSA; and
2.failing to ensure a worker was adequately protected by a method of fallprotection contrary to section 25(1)© of the [FONT=Roboto Slab]OHSA.[/FONT]
Mr. Clothier pled guilty to the charges and was sentenced in accordance with section66 of the [FONT=Roboto Slab]OHSA.[/FONT]
He was sentenced to three days in prison for his attempt to deceive theMinistry of Labour, and he was also fined $5,000 for his failure to ensure thatthe worker was adequately protected.
Mr. Clothier’s sentence demonstrates the importance ofacting honestly during the course of a Ministry of Labour investigation.
Thatsaid, there are limits on the powers of Ministry of Labour inspectors