swing stage without being tied-off as required by the suspended access training. The evidence in the case appears to suggest that the swing stage may have failed, however this failure did not exonerate the supervisor.
The precedent of this finding going forward cannot be understated. The case makes it very clear that, regardless of the extent to which the employer has been diligent in initiating and implementing proper safety policies, the risks of not implementing the policies still lays with employees working in the field. Said another way, foreman and supervisors need to understand that when they decide to ignore health and safety policies or regulations, it is not just their employers that may be liable. Rather, they themselves can be held responsible for resulting workplace injuries. Further, the consequence of failing to adhere to safety regulations and training is not simply a matter of fines and (poten-
tially) civil claims. Rather, as this case shows, criminal charges can be laid against those responsible for workplace injuries, resulting in potential jail-time for those who turn a blind eye or wilfully allow work to carry on in an unsafe manner. In the end, this case may assist employers and field personnel to better insist that health and safety policies and procedures be followed, without exception. This is because it allows employers to better emphasize why breaches of safety policy will result in substantial discipline leading to termination. Also, it allows the site supervisor or crew foreman to personalize the potential consequence of a violation. This, because the site supervisor/foreman can emphasize that it is not the employer that is at risk if an accident occurs. Simply put, if site supervisors and foreman understand that they will face potential fines and even criminal charges in the event of workplace injury, they are
more likely to insist, without compromise, that safety policies and regulations be met. From this perspective, site supervisors and foreman should be made aware of what hapLT pened in this case. Robert Kennaley and Josh Winter practice construction law in Toronto and Simcoe, Ont. They speak and write on construction law issues and can be reached for comment at 416-700-4142 or at rjk@ kennaley.ca and jwinter@ kennaley.ca. This material is for information purposes and is not intended to provide legal advice. Readers who have concerns about any particular circumstance are encouraged to seek independent legal advice in that regard.
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