Supervisor's prison sentence for scaffold deaths sends message to Ontario employers

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In the first case of its kind in Ontario, a Toronto project manager who oversaw a construction crew involved in a deadly scaffolding collapse in 2009 has been sentenced to 3 1/2 years prison.

Vadim Kazenelson was found guilty last June on four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm.

Ontario Federation of Labour President Chris Buckley said the sentencing “should send a chill down the spine of every employer across the province. If you take actions that result in a worker being killed you are going to be held accountable.

“So many families have been negatively impacted by a terrible decision,” he added. “The families of the workers who were killed, the family of the worker who was injured and the family who was sentenced to 3 1/2 years in jail today.”

The court found that Kazenelson was aware that fall protections were not in place, but still allowed his workers to board a swing stage which collapsed from the 13th floor, causing five workers to plummet to the ground.

Justice Ian MacDonnell said the sentence is proportionate to the severity of Kazenelson’s offences.

“The seriousness of the offences committed by Mr. Kazenelson and their consequences cannot be doubted,” said MacDonnell. “A significant term of imprisonment is necessary to reflect the terrible consequences of the offences.”

The Crown prosecutor had recommended between four to five years in prison, while Kazenelson’s lawyer argued for a sentence of one to two years.

Kazenelson, father of three young children, told the court he was sorry for what happened.

Alesandrs Bondarevs, Aleksey Blumberg, Vladamir Korostin and foreman Fayzullo Fazilov fell to their deaths, while Dilshod Marupov survived the fall with fractures to his spine and ribs.

The men ranged from 21 to 40 years old and were from Latvia, Uzbekistan and Ukraine.

Only one worker, who was the sole person properly secured to a lifeline, was left suspended in mid-air.

Kazenelson was also on the scaffold but managed to grab hold of a harness and haul him up onto a balcony.

There were two harnesses and seven workers on the scaffold.

The Ottawa company that provided the scaffolding was previously fined $50,000 for several contraventions.

ccobb@ottawacitizen.com





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