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An Ottawa roofer who had drugs in his system when he plummeted four stories to his death could have been saved by a simple clip or harness, an inquest heard Wednesday, before the workplace fatality was ruled an accident.
A five-person jury concluded the two-day inquest into the 2015 death of Robert Cyr, 47, by making recommendations to prevent future workplace falls.
According to witness testimony, Cyr was not clipped into any kind of anchor on the 2540 Innes Rd. rooftop when he slipped off the four-storey building and landed on a pile of plywood.
Dr. Charis Kepron, a forensic pathologist who performed the autopsy on Cyr, told the inquest about the injuries he sustained during the fall. The cause of death was determined to be blunt force trauma to the torso. Kepron said that Cyr suffered a “significant number of fractures” to his ribs during the fall, puncturing his lungs and severing his aorta.
The inquest also heard testimony on the substances found in Cyr’s system at the time of his death. After the autopsy, Kepron sent samples of Cyr’s blood and urine to Ontario’s Centre of Forensic Sciences in Toronto. There, it was determined that the roofer had methamphetamine, THC — a compound found in cannabis — and cocaine in his system. Kepron said it was likely the meth and cocaine were taken just hours before Cyr’s death.
On Tuesday, the inquest heard how it was not known whether Cyr ever received any safety training on heights or falls, which is mandated by the Ontario Ministry of Labour. His death occurred on his second day on the job and he was working for cash as a freelancer. It was assumed by the construction site’s superintendent that Cyr, an experienced roofer, had the necessary insurance and training to perform his duties, the inquest heard.
Jon Fuller, the counsel for the coroner, said in his closing arguments to the jury that the death was “preventable” but most likely an accident.
After a few hours of deliberation, the jury returned with the verdict, agreeing that Cyr’s death was an accident.
In an inquest, unlike in a criminal trial, the jury can also make recommendations to prevent similar deaths from occurring in the future. The coroner presiding over the inquest, Dr. Robert Reddoch, quoted Canadian politician Thomas D’Arcy McGee in his instructions to the jury: “We speak for the dead to protect the living.”
Fuller suggested in his closing arguments to the jury that the issue here might not be solved by adding rules, but by ensuring that the rules are followed.
“At some point, people have to be accountable for their own decisions,” Fuller told the jury. “For whatever reason, Mr. Cyr made the decision not to wear that harness, and he was held accountable in the most tragic way possible.”
After deliberation, the jury recommended that the Ministry of Labour expand the definition of who is considered an “employee” on a construction site to include any individual “adding value” or “performing any duties.” It also recommended that any worker should be presumed to be an employee by the ministry, and that the onus should be on the employer to dispute this.
The jury’s third recommendation was that the ministry produce some public service education that targets transient workers to help them understand their rights and obligations for their safety in the workplace. Part of this education should include a “zero tolerance drug policy” and “best practices for working at heights.”
The suggestions, said Fuller, are intended to protect transient workers like Cyr who are sometimes unofficially employed and paid under the table on construction sites, and as a result might not be insured or have never completed training on how to prevent falls.
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A five-person jury concluded the two-day inquest into the 2015 death of Robert Cyr, 47, by making recommendations to prevent future workplace falls.
According to witness testimony, Cyr was not clipped into any kind of anchor on the 2540 Innes Rd. rooftop when he slipped off the four-storey building and landed on a pile of plywood.
Dr. Charis Kepron, a forensic pathologist who performed the autopsy on Cyr, told the inquest about the injuries he sustained during the fall. The cause of death was determined to be blunt force trauma to the torso. Kepron said that Cyr suffered a “significant number of fractures” to his ribs during the fall, puncturing his lungs and severing his aorta.
The inquest also heard testimony on the substances found in Cyr’s system at the time of his death. After the autopsy, Kepron sent samples of Cyr’s blood and urine to Ontario’s Centre of Forensic Sciences in Toronto. There, it was determined that the roofer had methamphetamine, THC — a compound found in cannabis — and cocaine in his system. Kepron said it was likely the meth and cocaine were taken just hours before Cyr’s death.
On Tuesday, the inquest heard how it was not known whether Cyr ever received any safety training on heights or falls, which is mandated by the Ontario Ministry of Labour. His death occurred on his second day on the job and he was working for cash as a freelancer. It was assumed by the construction site’s superintendent that Cyr, an experienced roofer, had the necessary insurance and training to perform his duties, the inquest heard.
Jon Fuller, the counsel for the coroner, said in his closing arguments to the jury that the death was “preventable” but most likely an accident.
After a few hours of deliberation, the jury returned with the verdict, agreeing that Cyr’s death was an accident.
In an inquest, unlike in a criminal trial, the jury can also make recommendations to prevent similar deaths from occurring in the future. The coroner presiding over the inquest, Dr. Robert Reddoch, quoted Canadian politician Thomas D’Arcy McGee in his instructions to the jury: “We speak for the dead to protect the living.”
Fuller suggested in his closing arguments to the jury that the issue here might not be solved by adding rules, but by ensuring that the rules are followed.
“At some point, people have to be accountable for their own decisions,” Fuller told the jury. “For whatever reason, Mr. Cyr made the decision not to wear that harness, and he was held accountable in the most tragic way possible.”
After deliberation, the jury recommended that the Ministry of Labour expand the definition of who is considered an “employee” on a construction site to include any individual “adding value” or “performing any duties.” It also recommended that any worker should be presumed to be an employee by the ministry, and that the onus should be on the employer to dispute this.
The jury’s third recommendation was that the ministry produce some public service education that targets transient workers to help them understand their rights and obligations for their safety in the workplace. Part of this education should include a “zero tolerance drug policy” and “best practices for working at heights.”
The suggestions, said Fuller, are intended to protect transient workers like Cyr who are sometimes unofficially employed and paid under the table on construction sites, and as a result might not be insured or have never completed training on how to prevent falls.
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