HEALTH AND SAFETY: THE CARELESSNESS OF WORKERS DOES NOT RELEASE THE EMPLOYER FROM HIS RESPONSIBILITY

A foreman suffered fractures of the forehead and wrist when he had a fall onto a concrete floor as he was moving metal plates with another employee. According to the Court, it is evident that the workers were careless in their manner of working at a height of at least 12 feet without securing themselves in a safety harness which was, however, available to them, as required by the Code de sécurité pour les travaux de construction. Nevertheless, the employer had the responsibility of ensuring that the safety rules were followed by his employees. However, the employer simply relied on the experience of the workers, without concerning himself any further about their safety. It is insufficient for the employer to defend himself by alleging that the work site was secure and that there were no other ways to act. The employer is therefore found guilty of having compromised the health, safety and integrity of a worker. Commission de la santé et de la sécurité du travail and Construction Citadelle inc., DTE 2006T-1039 (C.Q.) Judge Carol St-Cyr