Canadian Manufacturing

Alberta firm hit with $100,000 fine for death of worker at oilsands site

A 21-year-old was killed in a 2014 incident at a former Suncor pit when his excavator fell through ice



CALGARY—The grieving father of a young man who died in a workplace accident in Alberta’s oilsands region interrupted a courtroom apology late last week from one of the owners of a company that pleaded guilty in the death.

Jordan Gahan, who was 21 and from Fredericton, was operating heavy equipment at a Suncor pit that was being reclaimed near Fort McMurray when his excavator fell through ice into four metres of water. His co-workers were able to get him to the surface, but he died in hospital.

Brayford Trucking Ltd. pleaded guilty to two of five charges under Alberta’s Occupational Health and Safety Act for failing to protect Gahan as an employee.

“There’s no words or actions or anything that can possibly express to you how sorry we are and you no longer have your son. We can’t even begin to imagine the pain and suffering that’s associated with losing a child,” co-owner Susan Brayford said in a statement to the court April 28.

“We’re so very, very sorry.”

Brayford was interrupted by Paul Gahan.

“I apologize to the court, but it’s just too much,” he yelled.

Judge Harry Van Harten allowed Gahan to address the court, but warned him to stay respectful.

Gahan said he appreciated that the Brayfords had “stepped up to the plate” and changed their safety policies.

“It’s sad that it has to come at the cost of my dear son. On March 14, 2014, I was sentenced to … basically life in prison with no chance of parole until I die. I was sentenced by the incompetence and the capabilities that didn’t follow procedures properly,” Gahan said.

The court imposed a fine of $100,000 as well as two years of corporate probation under the Criminal Code.

“It was a meaningless and preventable death,” said Van Harten.

But there are mitigating factors, including changes to safety measures at the company and the plea of guilty, he added.

Van Harten also noted there was also a personal apology and expression of sorrow from the Brayfords, whom he described as “conscientious contributing citizens of the community.”

“The Brayfords are clearly not hiding behind the corporate shield as they might legally be allowed to do. Unlike some corporations … this company is not going to pay a penalty and move on and consider the penalty the simple cost of doing business.”

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