Supervisor Jailed for OHSA Violation, Lying to Investigators

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Roofing Medics Ltd., a roofing installation company based in Brampton, has been fined $50,000, and supervisor Paul Markewycz jailed for 15 days, for violating the Occupational Health and Safety Act (OHSA).

A worker was killed in a fall, in August 2011. Markewycz and three employees were working a new roofing project in Toronto. One of the workers lost his balance on a ladder and fell about six metres, hitting a fence. His protective equipment was not affixed to anything. He died in hospital.

Ministry of Labour and police investigators had been led astray by false information provided by Mr. Markewycz, court heard.

A coroner advised the ministry about the incident; York Regional Police also investigated. When officers contacted Markewycz, he told them the worker had been injured at the Markewycz home in Brampton. A week later, he later retracted the statement, during a Ministry of Labour investigation.

Roofing Medics Ltd. did not notify an inspector immediately of the fatality and failed to send a written report to a ministry director within 48 hours, as required by law.

The Brampton roofer pleaded guilty to failing as an employer to ensure safety measures were carried out, and to failing to notify an inspector. Markewycz pleaded guilty to failing as a supervisor to ensure that a worker works with the protective devices required by law. He also pleaded guilty to knowingly furnishing an inspector with false information.

Justice C. Ann Nelson levied the $50,000 fine and jail time Nov. 21, in Ontario Court of Justice, Brampton.

A 25-per-cent victim fine surcharge is added to the fine, as required by the Provincial Offences Act.

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