Jury rules AIM workplace death accidental and issues 7 recommendations – New Brunswick | Globalnews.ca
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On the second day of the coroner’s inquest into the workplace death of Bruce Lagace, testimony from WorkSafeNB revealed inconsistencies in earlier testimony about where inspectors were at the time of his death.
On Nov. 24, 2021, Legace was delivering scrap metal to the facility when he got into the trailer while it was being unloaded and sustained severe crush injuries.
A video played for the jury and reporters shows Lagace entering the front door of a trailer, but there are no inspectors around the truck, according to WorkSafeNB manager of investigations Michel Cyr.
Cyr took the stand again on Wednesday to discuss the findings of their investigation.
Earlier on Tuesday, American Iron and Metal inspector Mike Lecelle testified he left Lagace with another inspector who was driving a white van, but there is no white van in the video. The only other vehicle is facing away from the truck and operator.
“There is no inspector in the video,” Cyr said to the jury. “We were told on audio statements one inspector handles four to five trucks at a time. We can see there is no white van – there is no one around.”
Earlier testimony by other AIM employees suggested there was a one inspector, one driver policy. A safety document found in the cab of Lagace’s truck, that was signed by him, also did not indicate drivers had to remain in the cab of the truck.
WorkSafeNB determined there was no violation on the part of Deschênes Drilling, Lagace’s employer.
Cyr said WorkSafeNB did recommend AIM be charged under Section 11(b) of the Occupational Health and Safety Act, which prescribes an owner take every reasonable precaution to ensure the health and safety of any person having access to or using that place of employment or part thereof.
It submitted its findings to the Crown prosecutor’s office, which determined there was no reasonable perception of prosecution.
AIM safety consultation
Cyr also told the jury WorkSafeNB provides voluntary consultation to help develop safety protocols for businesses. American Iron and Metal has not responded to 10 offers for safety consultations.
It also upped the compliance plan for AIM, which operates out of the Port of Saint John, in the time since Lagace’s death in 2021. Inspectors from the organization visit once a month, according to Cyr. Typically, a site might only get visited once a year, due to the sheer volume of employers the organization oversees.
Cyr added there were 11 compliance orders in 2022 and 11 more this year, but none have gone to prosecution.
Employer wants a lock on front trailer door
Gilles Deschênes also testified on Wednesday in French. He was Lagace’s employer and had been for about two years at the time of his death.
He told the jury Lagace was the sole person responsible for using and maintaining the truck for transporting scrap metal to AIM in Saint John. His company has been operating since 1955, and he bought his own truck for metal delivery in 2017.
Before hiring Lagace in 2019, he was using independent contractors who were delivering the scrap metal to Quebec.
He said he has not discussed with his employees not using the door Lagace used since his death.
Deschênes told the jury he has not delivered scrap metal to AIM since Lagace’s death, but is in talks to recommence delivery and they had not discussed safety concerns for future drivers.
“We’re only getting to monthly prices,” he said to the jury in French, which was translated.
He said Lagace never expressed any concerns about safety to him at the American Iron and Metal facility prior to his death.
“If there was something he would have come inside,” Deschênes said.
At the end, Deschênes said he thinks there should be a padlock over the front door of the trailer, which is manufactured with the door prior to purchase. He said he will tell other employees about what happened to Lagace in hopes of preventing future deaths and described him as a good employee.
Cause of death
The inquest also heard from two doctors on Wednesday, who were there to explain the interventions made and what the autopsy revealed.
Dr. Matt Greer testified he was working at the Saint John Regional Hospital emergency department when the call came in about Lagace.
“According to notes, he arrived at 10:01 a.m. and upon arrival the patient was brought into the trauma bay,” he said. “Initial assessment is we could see obvious injuries to the face and significant injuries to the abdomen.”
Approximately six minutes later at 10:07 a.m., the time of death was called.
An autopsy, conducted by Dr. Ather Naseemuddin, revealed extensive crush injuries to Lagace’s body. Each rib had been broken in two places and the splinters were cutting and puncturing his lungs.
His spinal cord had been severed around T3 and T4 of the thoracic spine. The cause of death was determined to be blunt force injury to the head, chest and abdomen.
“They are incompatible with life,” said Naseemuddin.
Jury findings and recommendations
The jury of five people determined Lagace’s death to be accidental and made seven recommendations in total.
The recommendations, which will be assigned to the appropriate organizations by the coroner Michael Johnston, were:
- On arrival, receiver ensures customers have a signed slip with updated procedures and protocols.
- Safety procedures are reviewed by a third party periodically and updated when needed.
- A clear procedure for communicating transfer of duty.
- The driver does not stay in the vehicle during the offloading process.
- The driver remains in a safe area, until the site employee communicates it is safe to return to the vehicle.
- The cleaning process should be completed in a designated area.
- Punitive measures for safety infractions.
The family was not present for the inquest, but Johnston did speak to them.
“We were in contact with the family in preparation of the inquest, however, they decided not to attend because it would be too difficult to relive the situation.”
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