In a significant move by the Ontario Court of Justice, SB, a Belleville-based roofing company owner, has been barred from working in the construction industry following his latest conviction for safety violations.
The conviction, which was handed down on Nov. 27, 2023, came after an incident on Sept. 5, 2020, where a ministry inspector witnessed a worker employed by SB working at a height greater than three meters on a pitched roof without the mandatory fall protection.
This violation of Ontario’s stringent safety regulations, especially those guarding against falls – termed ‘killer contraventions’ – led to severe legal repercussions for SB.
This incident was not an isolated one. SB’s history of neglecting worker safety spans several years. Records show a pattern of similar offences:
- On March 11, 2013, and November 16, 2013, SB’s employees were found working at dangerous heights without fall protection in Belleville. Fines imposed for these violations remain partially unpaid.
- On October 7, 2015, a similar incident occurred in the City of Quinte West, resulting in SB’s one-day imprisonment and a $10,000 fine, which he has not paid.
- Another case on July 22, 2017, led to SB’s seven-day imprisonment.
These repeated offences highlight a blatant disregard for the Occupational Health and Safety Act, specifically Section 25(1)(c), which mandates employers to ensure all safety regulations are followed at the workplace, and Section 26.1(2) of Ontario Regulation 213/91, stipulating the use of fall protection.
The latest ruling, overseen by Justice of the Peace Andrew I. Seymour and prosecuted by Crown Counsel Neil Gobardhan, resulted in a suspended sentence for Bell. However, the probationary order issued effectively ends his career in the construction industry by prohibiting him from working or employing others in this field.
