Construction company fined $ 500,000 after worker dies at Saskatoon hospital construction site

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SASKATOON – A Saskatoon Provincial Court judge imposed fines of $ 250,000 on each of two occupational health and safety charges against Banff Constructors Ltd. after a worker was killed on the construction site of the Jim Pattison Children’s Hospital.

Justice BM Klause agreed with the Crown in a written decision that general deterrence is necessary and that a fine would serve that purpose.

“Banff is a large employer with over 400 employees and bears a great responsibility for their well-being on its very complicated constructions,” said Klause.

Eric Ndayishimiye, 21, died on July 21, 2016 after a table cart overturned and crushed his head, neck and chest.

Klause wrote that Ndayishimiye was “totally faultless” and “just doing what he was asked to do on the job site”. Ndayishimiye was not involved in using the cart but was run over when he collapsed on top of it while cleaning the area.

Banff’s mistake was to move the table carts from another location in Alberta without also transferring any member of the team that had worked on them, according to Klause.

“The carts are relatively simple in construction and simple in appearance, but they are designed to carry relatively heavy structural loads on a smooth surface. up or operation.

“Additionally, they were modified to be raised higher without the consent or knowledge of the manufacturer and with little to no thought on how this might change the dynamics of their operation. In my opinion, this was a mistake. fatal and led to the ultimate collapse of the cart that killed Eric.It is in the nature of an act of omission as opposed to a commission.

Klause noted some mitigating factors in the decision. Banff’s life insurance policy paid Ndayishimiye’s family $ 200,000, while Graham and Jar-Dig paid the family an additional $ 150,000 for compassionate reasons, covered the cost of the funeral and been in contact with Ndayishimiye’s family.

“In my opinion, this provides both a significant and unusual amount of mitigation in favor of the defendant. Very few corporate defendants have both the inclination or the financial resources to accomplish this. attenuation considerably. “

It was also mitigating that the table carts were immediately taken out of service and had not been used since.

Banff has had no previous convictions, according to the ruling.

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