Repeated safety violations lead to roofers’ ouster from construction

One Ontario employer has been suspended from the construction industry for repeatedly exposing workers to the risk of falling at work.

A judge at the Ontario Court of Justice has stripped Steven Bell – sole proprietor of a roofing company in Belleville – of his right to work or employ anyone, directly or indirectly, in the construction industry.

This follows a guilty plea for a Sept. 5, 2020 violation. On that day, a ministry inspector visited the employer’s roofing project for a two storey multi-unit residence in the City of Quinte West.

The employer was on site, along with two workers.

The inspector observed a worker on a pitched roof, over three metres from the ground below, without the mandated fall protection gear.

Section 26.1(2) of Ontario Regulation 213/91 (Construction Projects) states that a worker who is exposed to a fall of greater than three metres must use an approved method of fall protection.

Also, Section 25(1)(c) of the Occupational Health and Safety Act states that an employer must ensure all the regulations are followed at the workplace.

“By failing to ensure workers wore appropriate fall protection equipment, Bell violated the Act,” said the Ontario government.

The provincial government also noted that Bell had four previous similar violations:

1. On March 11, 2013, a ministry inspector observed three roofers in Belleville, employed by Bell, working at a height of more than three metres without fall protection. There were no injuries. However, the $2,000 fine for that conviction has not been paid.
2. On Nov. 16, 2013, a ministry inspector observed four roofers in Belleville, employed by Bell, working at a height of more than three metres without fall protection. There were no injuries. While a $4,500 fine was levied, $900 remains unpaid.
3. On Oct. 7, 2015, a ministry inspector observed a roofer in the City of Quinte West, employed by Bell, working at a height of more than three metres without fall protection. There were no injuries. Bell was sentenced to one day of imprisonment and fined $10,000, which has not been paid.
4. On July 22, 2017, a ministry inspector observed a roofer in Belleville, and employed by Bell, working at a height of more than three metres without fall protection. There were no injuries. For that offence, Bell was sentenced to seven days of imprisonment.