The Generals - Fall/Winter 2016 - 23

The trial judge said in the Reasons for Sentence: "... [2] a significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive for work in the morning will make it safely back to their homes and families..." In August 2009, Metron was retained to repair concrete balconies on two high-rise apartments. As was its normal practice, Metron hired a project manager and a site supervisor to oversee the project. Mr. Kazenelson was retained by Metron as its project manager. Mr. Kazenelson owned and operated his own construction company and according to reports, came highly recommended as an experienced and qualified project manager. On December 24, 2009, Metron workers were working on the 14th floor of one of the high-rise apartment buildings. At approximately 4:30 pm, six workers-including the site supervisor-climbed onto a swing stage (a suspended work platform) to travel to the ground. The swing stage collapsed. Four workers fell to their death, a fifth worker survived the fall but was seriously injured, and the sixth worker did not fall because he was stopped by a properly secured lifeline. A post-incident investigation revealed that three of the deceased workers-including the site supervisor-had levels of marijuana in their systems consistent with recent consumption, and there were only two lifelines in the area serviced by the swing stage. It was also discovered that the design and assembly of the swing stage was faulty. The manufacturer/supplier had not properly tested it or obtained the approval of an engineer in relation to its design. As designed, the swing stage was not safe for even two workers to use. The welding was inconsistently done and inadequate, and the welds were already cracked and broken prior to the swing stage's collapse. Finally, when it was delivered to the construction project, the swing stage had no manual, markings, serial numbers, or labels regarding maximum capacity. On June 15, 2012, Metron pleaded guilty to one count of criminal negligence causing death. By doing so, Metron became the first Ontario corporation convicted of criminal negligence under the Code as amended by Bill C-45. Metron was sentenced by Justice Bigelow of the Ontario Court of Justice on July 13, 2012 to a fine of $200,000. The Crown had requested that a fine of $1 million be imposed by the court, and appealed the sentence to the Ontario Court of Appeal. The Court of Appeal found that the sentencing judge erred by relying on sentencing case law under the OHSA, and he failed to appreciate the higher degree of "moral blameworthiness and gravity associated" with a criminal conviction. Further, the sentencing judge erred by treating Metron's ability to pay as prerequisite to the imposition of a fine. On this point, the court noted that economic viability of an organization may be a factor if the organization fills an important place in the market or is a significant employer. However, the prospect of fining a company into bankruptcy should not be precluded in an appropriate case.[3] The Court of Appeal concluded that the original fine was unfit and allowed the appeal. It imposed a fine of $750,000 on Metron. It is clear from the Metron saga that it is not sufficient for a company merely to set up a health and safety system and expect to avoid regulatory or criminal liability following a workplace accident. Metron appears to have had a functioning health and safety system. In the Our graduates are working hard to build our community. With several programs to choose from including Ontario's only Honours Bachelor's degree in construction management, our hands-on learning produces exceptional graduates with the job-ready skills employers want. 822134_George.indd 1 For more information contact: The Industry Liaison Office atrejgo@georgebrown.ca or 416-415-5000 ext. 6829 georgebrown.ca/ILO Fall/Winter 2016 23 7/12/16 2:47 PM http://www.georgebrown.ca http://www.georgebrown.ca/ILO

Table of Contents for the Digital Edition of The Generals - Fall/Winter 2016

Chairman’s Message
President’s Message
Incoming Chair’s Message
Government Relations Report
Events, Upcoming Events & Member Milestones
Index to Advertisers
Gateman Milloy Building Excellence
The Metron Case
League of Champions/Safety Awards
Accreditation/COR™
New Chairman: A Profile of Frank Perricone
Modern Infrastructure
Golf Tournament
78th Annual AGM and Conference
OGCA Builders Awards
10th Annual Construction Symposium- Building Canada for 150 Years
The Generals - Fall/Winter 2016 - cover1
The Generals - Fall/Winter 2016 - cover2
The Generals - Fall/Winter 2016 - 3
The Generals - Fall/Winter 2016 - 4
The Generals - Fall/Winter 2016 - 5
The Generals - Fall/Winter 2016 - Chairman’s Message
The Generals - Fall/Winter 2016 - 7
The Generals - Fall/Winter 2016 - 8
The Generals - Fall/Winter 2016 - President’s Message
The Generals - Fall/Winter 2016 - 10
The Generals - Fall/Winter 2016 - Incoming Chair’s Message
The Generals - Fall/Winter 2016 - 12
The Generals - Fall/Winter 2016 - Government Relations Report
The Generals - Fall/Winter 2016 - 14
The Generals - Fall/Winter 2016 - Events, Upcoming Events & Member Milestones
The Generals - Fall/Winter 2016 - Gateman Milloy Building Excellence
The Generals - Fall/Winter 2016 - 17
The Generals - Fall/Winter 2016 - 18
The Generals - Fall/Winter 2016 - 19
The Generals - Fall/Winter 2016 - 20
The Generals - Fall/Winter 2016 - 21
The Generals - Fall/Winter 2016 - The Metron Case
The Generals - Fall/Winter 2016 - 23
The Generals - Fall/Winter 2016 - 24
The Generals - Fall/Winter 2016 - 25
The Generals - Fall/Winter 2016 - League of Champions/Safety Awards
The Generals - Fall/Winter 2016 - 27
The Generals - Fall/Winter 2016 - 28
The Generals - Fall/Winter 2016 - Accreditation/COR™
The Generals - Fall/Winter 2016 - 30
The Generals - Fall/Winter 2016 - 31
The Generals - Fall/Winter 2016 - New Chairman: A Profile of Frank Perricone
The Generals - Fall/Winter 2016 - 33
The Generals - Fall/Winter 2016 - 34
The Generals - Fall/Winter 2016 - 35
The Generals - Fall/Winter 2016 - 36
The Generals - Fall/Winter 2016 - 37
The Generals - Fall/Winter 2016 - Modern Infrastructure
The Generals - Fall/Winter 2016 - 39
The Generals - Fall/Winter 2016 - Golf Tournament
The Generals - Fall/Winter 2016 - 78th Annual AGM and Conference
The Generals - Fall/Winter 2016 - 10th Annual Construction Symposium- Building Canada for 150 Years
The Generals - Fall/Winter 2016 - 43
The Generals - Fall/Winter 2016 - 44
The Generals - Fall/Winter 2016 - 45
The Generals - Fall/Winter 2016 - 46
The Generals - Fall/Winter 2016 - 47
The Generals - Fall/Winter 2016 - 48
The Generals - Fall/Winter 2016 - Index to Advertisers
The Generals - Fall/Winter 2016 - 50
The Generals - Fall/Winter 2016 - cover3
The Generals - Fall/Winter 2016 - cover4
The Generals - Fall/Winter 2016 - outserts1
The Generals - Fall/Winter 2016 - outserts2
The Generals - Fall/Winter 2016 - outserts3
The Generals - Fall/Winter 2016 - outserts4
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