The proprietor of a London-area roofing company has been sentenced to three days in jail and a fine of $5,000 after attempting to deceive a Ministry of Labour safety inspector following a worker’s fall from a roof.
The defendant, A. Bradley Clothier, operates a roofing business as a sole proprietor called AB Clothier Roofing based in Dorchester, Ontario.
On August 17, 2015, three workers for AB Clothier Roofing, including Clothier, were working on a residential roofing project at a two-storey home in the town of Bayfield. Fall protection, such as harnesses required by law when working at heights, was not made available for the workers on the project. One of the workers fell at distance of 18 feet from the roof, which resulted in injuries.
After the worker fell, Clothier directed the third worker at the site to go up onto the roof and put up lifelines and fall protection equipment in an attempt to deceive the Ministry of Labour investigation that would take place.
Clothier pleaded guilty to two counts: Failure to ensure a worker was adequately protected by a method of fall protection contrary to section 25(1)(c) of the Occupational Health and Safety Act, and attempting to hinder, obstruct, molest or interfere with an inspector in the exercise of his or her power, or performance of a duty, under section 54 of the Occupational Health and Safety Act.
Clothier was fined $5,000 on the first count, and imprisonment for a term of three days on the second count. The jail sentence and fine were imposed by Justice of the Peace D. Patricia Hodgins in Goderich court on November 3, 2016.
In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.