Windsor roofing company fined $100,000 after worker death

WINDSOR, ONT.
Rauth Roofing Limited was convicted and fined $100,000 after a worker fell through an opening in the roof of a commercial building in Windsor, Ont.

The incident occurred July 15, 2016 on Dougall Avenue. The Windsor-Ont.-based company, which installs, replaces and maintains primarily flat roofs on commercial and industrial buildings in Windsor and Essex County, was convicted by Justice of the Peace Susan Hoffman in a Windsor court June 21, 2018 following a guilty plea.

The project consisted of the replacement of an existing roof on a commercial building, which was to be removed and discarded and a new built up roof system would be installed.

After conducting a site-hazard assessment, four Rauth Roofing workers began removing the existing roof deck, starting by dismantling the raised curb from an old HVAC unit that had been removed before the project began. Once they had removed rubberized roofing material and plywood cover from the curb, the workers noticed a sheet metal covering fastened on the underside of the opening beneath the curb, which was then removed and flipped over away from the opening, indicates the Ministry of Labour (MOL) in a release.

Four of the workers then began carrying the curb away from the work area and another worker prepared to place a piece of metal roof decking over the opening, with the intent of making the opening flush with the rest of the roof surface, the MOL describes.

Moments later, the lone worker was observed stepping into the opening onto the sheet metal covering that was still fastened on the underside of the opening. The sheet metal gave way and the worker fell through the opening and landed on the surface of the second floor of the building, sustaining critical injuries. Emergency medical services arrived on scene and the worker was rushed to hospital but succumbed to the injuries and passed away less than two weeks later.

The MOL investigated the incident and concluded that Rauth Roofing Limited committed the offence of failing as an employer to ensure that either a guardrail system or protective covering as prescribed was used to prevent a worker from falling through an opening on a work surface, contrary to section 26.3(2) of Ontario Regulation 213/91 (the Construction Projects Regulation) and to section 25(1)(c) of the Occupational Health and Safety Act.