Company owner convicted, fined under OHSA for failing to co-operate with MOL inspector

A widely-reported fire at a Kingston construction site that required the evacuation of a crane operator by helicopter, has resulted in fines against the owner of the company that supplied the crane operator.

To avoid the heat from the fire, the crane operator was forced to crawl out on the boom of the crane, which was about 100 metres in the air. A military helicopter rescued him.

Shortly after the incident, a Ministry of Labour inspector contacted the company owner to request crane records.  The owner provided some but not all of the information. The MOL inspector attempted to interview the owner but was unable to reach him by telephone or at his residence.

The Ontario Occupational Health and Safety Act provides, in section 62, that no person shall hinder or obstruct an inspector; every person shall co-operate in respect of an inspector’s investigation; and no person shall provide false information to an inspector or refuse to provide information required by an inspector.

The company owner was charged with and convicted of the Occupational Health and Safety Act offences of (1) knowingly furnishing an inspector with false information or neglecting or refusing to furnish information required by an inspector, and (2) failing to furnish all necessary means in the person’s power to facilitate any entry, search, inspection, investigation, examination, testing or inquiry by an inspector. He was personally fined $19,000.00.  His company was also found guilty of failing to comply with a requirement of an inspector, and was fined $8,000.00.

This case illustrates the broad powers of Ministry of Labour inspectors and the consequences of interfering with an inspector’s investigation.

The Ministry of Labour’s press release may be read here.

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Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

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