January 15, 2013
Metron project manager will face criminal charges for 2009 swing stage deaths
Metron Construction project manager Vadim Kazenelson will face a criminal trial for the deaths of four workers and the serious injury of another on Dec. 24, 2009, ruled an Ontario court.
“We are delighted that the judge found sufficient evidence to send this case to criminal trial. Four workers are dead due to workplace negligence and, so far, not a single employer has gone to jail," said Ontario Federation of Labour (OFL) president Sid Ryan. "Mr. Kazenelson had direct responsibility over these workers and he should be held to account for Metron's shameful failure to follow safety protocols."
Metron Construction supervisor Fayzullo Fazilov, along with Vladimir Korostin, Aleksey Blumberg and Alexander Bondorev, died on Christmas Eve 2009 after they fell 13 storeys when their swing-stage broke apart while working on a highrise apartment building at 2757 Kipling Ave. in Toronto.
A fifth worker, welder Dilshod Marupov, survived the fall, but suffered severe leg and spinal injuries. In October 2010, Toronto Police charged Metron, along with three Metron officials, Joel Swartz, Kazenelson and Benny Saigh, with criminal negligence.
In July 2012, Metron, a Toronto constructor, was fined $200,000 and convicted of criminal negligence causing death, the first conviction of its kind in the Ontario under the Criminal Code.
Metron director Swartz was fined $90,000 after pleading guilty to violations of the Occupational Health and Safety Act (OHSA).
Criminal charges against Swartz were dropped. He pleaded guilty to failing as a director to take all reasonable care to ensure that: workers did not use a defective or hazardous swing-stage; the swing-stage was not loaded in excess of the weight it was meant to bear; workers were adequately trained in the use of fall protection by a competent person; and that Metron Construction Corporation prepared and maintained written training and instruction records for each worker.
Swartz and Metron were convicted under: Ontario Regulation 213/91, Section 26.2(1); Ontario Regulation 213/91, Section 26.2(3); Ontario Regulation 213/91, Section 93(2)(a); and Ontario Regulation 213/91, Section 134(3).
Metron had faced fines of up to $1 million. The fine is currently being appeal by the Crown on the grounds that it is a "manifestly unfit" sentence, given the gravity of the tragedy, reports the OFL.
For more information on the swing-stage tragedy visit www.dcnonl.com.
DCN NEWS SERVICES
|MOST POPULAR STORIES|
|TODAY’S TOP CONSTRUCTION PROJECTS|
These projects have been selected from 433 projects with a total value of $3,210,413,882 that Reed Construction Data Building Reports reported on Thursday.
$210,000,000 Toronto ON Prebid
$110,000,000 Toronto ON Tenders
$51,500,000 Milton ON Negotiated
- CCA96th: Unlocking Canada's Potential
- VIDEO: LiUNA Local 183 Training Centre introduces new programs
- Wins delivered on infrastructure front: Rizzardo
- Behind the Velodrome’s Veil
- Ontario’s prompt payment bill needs work but supported
- Southwest L-evation
- Post-bid clarifications make feds liable for bid repair
- Panama Construction Fact for Today
- Ritchie Bros. hold first Canadian auction of 2014
- Skilled labour needs changing in Saskatchewan
- Quebec’s construction momentum ebbs after 15 years of expansion
- VIDEO: Canadian Construction Association conference Panama preview
- Concerns raised about P3 approach for Saskatchewan schools
- Journal of Commerce Preview for the week of March 10th, 2014
- Wood Design Awards
- Lone bidder prepares P3 proposal for Alberta schools
- Outgoing chair reflects on time at the helm of the CCA
- School board asks for traditional procurement
- Site Services in Vancouver
- Looking to improve contract awards
- Environmental verdict riles Taseko
- Prentice to mediate First Nations agreements
- CAWIC funded to create action plan to attract women
- More video surveillance used on construction sites
- Modular workforce housing meets Alberta Building Code standard
- Manitoba outlines infrastructure plan
- BC Hydro posts RFQ for Site C project