A Toronto lawyer isn’t happy with the 3.5 years of jail time that was handed out to Vadim Kazenelson Monday. The project manager was found guilty of criminal negligence causing death and criminal negligence causing bodily harm after four employees fell to their deaths and another was injured Christmas Eve in 2009 when the scaffolding they were working on collapsed.
The sentence is “unnecessarily harsh” according to occupational health and safety lawyer Norm Keith. He told the Toronto Sun HERE that the judgement could cast a ‘chill’ over managers and supervisors who he believes can’t maintain control of everything that goes on a site.
When Justice Ian MacDonnell passed sentence on Kazenelson, he argued that the project manager should have ensured that each worker was attached to a safety line while working, and that both he and the construction company Metron (which was fined) was working fast to get the job done quickly.
Following the sentence, Kazenelson was released on $40,000 bail pending an appeal that was filed last week. Lou Strezos believes that MacDonnell failed to consider certain evidence.
Do you think prison sentence was warranted in this case? Is less than 1 year in jail for each life lost on Christmas Eve 2009 a weak sentence? AM640 host John Oakley wonders if employees shouldn’t shoulder some of the blame, especially if they don’t speak up when they feel that a job site isn’t being operated in a safe manner.