A roofer fell approximately 4.5 metres through an unprotected skylight opening on a commercial roofing project, sustaining serious injuries. The skylight opening had no cover, guardrail, or warning signage. The site supervisor was present on the roof at the time of the incident and was aware of the opening.
What Happened
- The skylight opening on the roof was unguarded — no cover, guardrail, or warning signage was in place
- The site supervisor was present on the roof and had direct visibility of the unprotected opening
- No fall hazard assessment had been completed to identify and control hazards before work began
- Workers had not been briefed on the locations of roof openings or required controls
- The worker was not wearing a fall arrest system at the time of the fall
The Outcome
Eastview Contracting was convicted under the OHSA and O. Reg. 213/91 for failing to guard a roof opening and for inadequate supervision. The company was fined $85,000 plus the victim fine surcharge.
Citation: 2021 ONCJ 189 · Penalty: $85,000
What This Case Teaches Ontario Contractors
All floor and roof openings must be covered or guarded under O. Reg. 213/91 s.26 before any worker is permitted to work in the area. Supervisors who are present at the scene of a violation — and who had the opportunity and authority to correct it — face personal liability under OHSA s.27. A supervisor's presence at a worksite is not passive: it carries an affirmative obligation to identify hazards and ensure controls are in place.
This summary is drawn from the reported outcome of an Ontario occupational health and safety prosecution. It is provided for educational purposes and is not legal advice.