Scaffolding collapse that killed four workers ruled ‘accidental’ as coroner’s jury makes recommendations

Ontario Construction News staff writer

A coroner’s jury has ruled the deaths of four construction workers as accidental and is calling lfor changes, including more training and a final inspection of any platform where people are working at heights.

The inquest heard that welds in a swing stage carrying six workers repairing balconies at a Kipling Avenue apartment complex in Toronto were cracked and broken, and there were only two lifelines for six workers.

Seven recommendations were given to the Ministry of Labour, including tougher penalties.

Jurors also recommended the ministry conduct scans of other jurisdictions’ use of emerging technologies to proactively reduce workplace injuries and fatalities and consider reviewing the frequency of refresher courses on suspended access equipment.

They further recommended requiring any supervisor of employees working at heights to take specific working at heights training.

The inquest was called after Fayzullo Fazilov, Alexsandrs Bondarevs, Vladimir Korostin and Aleksey Blumberg died when the swing stage they were on suddenly collapsed on Christmas Eve 2009, causing them to fall 13 storeys to the ground.

Another worker was seriously injured, and a sixth — who was tethered as required under provincial law — was left hanging in mid-air but wasn’t hurt.

Dr. John Carlisle, the presiding coroner, said he hopes the inquest findings give the families of the workers who died “some measure of closure.”

“We hope this process has given some measure of closure to them and that the improvements, which have been made and will be made, will serve as something of a memorial to their loss,” he said.

The Ministry of Labour said it would “immediately” begin reviewing the recommendation, noting that steps have been taken to improve workplace safety, such the hiring of new inspectors for health and safety workplace visits, and the completion of a five-year review of the Working at Heights training standards, with revised standards slated to be released this spring.

Following the ruling, Ian Cunningham of the Council of Ontario Construction Associations told CTV News Toronto that falls from height result in too many deaths.

“Falls from height continue to be one of the main causes of traumatic accidents in construction,” he said. “A lot has to be done about creating a safety culture at construction sites.”

Metron Construction project manager Vadim Kazenelson survived the collapse by holding on to a balcony when the scaffolding fell. He was convicted of four counts of criminal negligence causing death and one of causing bodily harm after an Ontario court found he was aware that protections against falls were not in place.

An agreed-upon statement of facts identified substandard fabrication of the swing stage and failure to use a fall arrest system as causes. A judge found Kazenelson knew only two tethers were available on the swing stage for the six workers on board but failed to rectify the situation.

He was sentenced to 3 1/2 years and his appeal was unsuccessful because the court agreed Kazenelson failed to take reasonable steps to prevent what was one of the province’s worst workplace accidents.

(With files from Canadian Press)

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