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Court Holds Contractor in Contempt for Not Complying with Fall Protection Order

Multiple citations and AMPs weren’t enough to get a construction framing contractor to comply with fall protection requirements for workers at risk of falling 10 or more feet. So, WorkSafeBC got a court order requiring the contractor to stop violating the OHS rules. When inspectors found further violations at other sites in which the contractor was working, the agency asked the court to find the contractor in contempt. The BC court agreed. The contractor admitted to the new violations but contended they were only minor and quickly corrected. But the court didn’t buy it. The key wasn’t the severity of the violations but the contractor’s failure to make a good faith attempt to comply with the order. Based on the contractor’s record, the court concluded that the contractor knew it was cutting corners and just hoping it didn’t get caught. So, now it would have to pay damages for contempt of court [Workers’ Compensation Board v G & D Construction Ltd., 2020 BCSC 1770 (CanLII), November 19, 2020].