Conviction for Project Supervisor
Convicted: Ryan Wilkes, a project supervisor employed by The Lake Partnership Inc.
Location of Workplace: A home construction project at 229 Riverside Drive, Toronto, Ontario.
Description of Offence: A worker fell through an opening in the floor of a home under construction. Mr. Wilkes failed, as a supervisor, to ensure that the worker was protected by a guardrail or protective covering as required by section 26.3(2) of Ontario Regulation 213/91, contrary to section 27(1)(a) of the Occupational Health and Safety Act.
Date of Offence: December 20, 2022
Date of Conviction: September 27, 2024
Penalty Imposed:
- Following a guilty plea in the Provincial Offences Court in Toronto, Mr. Wilkes was fined $10,000 by Justice of the Peace Ana C. Costa; Crown Counsel was Christine Perruzza.
- The court also 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.
Background:
- On December 20, 2022, Mr. Wilkes was the project supervisor at the site, which included workers from Mr. Wilkes’ company and two framing subcontractors.
- There were openings in the floor at each level of the building for a planned elevator shaft. The opening to the elevator shaft on the first floor was covered by sheets of insulation made of dense polystyrene, featuring the words “DO NOT STEP.”
- While a framer was working on the first floor, they stepped onto the material covering the opening for the elevator shaft and fell through to the basement floor.
- A Ministry of Labour, Immigration, Training and Skills Development investigation found that the polystyrene covering did not meet the requirements for a protective covering set out in section 26.3(2) of the Construction Regulation, nor was there an adequate guardrail system in place around the opening as required by section 26.3(2).
Mr. Wilkes failed, as a supervisor, to ensure that a worker worked with the protective devices, measures and procedures required by section 26.3(2) of Ontario Regulation 213/91, contrary to section 27(1)(a) of the Occupational Health and Safety Act.
They key takeaway from this is that project managers can be held equally accountable as a supervisor. An individual temporarily authorized to direct a worker's work activities can be a supervisor during that time period. For example, in the construction sector, if a competent person is temporarily appointed by a supervisor under section 14 of Ontario Regulation 213/91 for Construction Projects, that person is also considered to be a supervisor for enforcement purposes. Whether or not a person should be considered a supervisor is based on job functions, not whether the term "supervisor" is in his or her job title.