B.C. contractor fined more than $575,000 in worker death tied to Burnaby wall collapse

A Langley, B.C., excavation contractor has been fined more than $575,000 following the death of a worker and serious injuries to another after a retaining wall collapsed at a Burnaby sewer project in 2012.

J. Cote and Son Excavating, the main contractor on a sewer line replacement project along Edinburgh Street, was convicted last year on charges of criminal negligence causing death and criminal negligence causing bodily harm.

Deadly trench collapse

The incident happened on Oct. 11, 2012, when a concrete retaining wall gave way and collapsed into an eight-foot-deep trench where two workers were positioned.

Pipe-layer Jeffrey Caron was killed in the collapse, while his co-worker, Thomas Richer, suffered serious injuries.

More than 13 years later, B.C. Supreme Court Justice Michael Brundrett handed down the sentence, rejecting the company’s argument that responsibility lay with a geotechnical engineer or with flaws in the wall’s original construction.

In his ruling, Brundrett said the danger should have been obvious to any reasonable contractor focused on worker safety.

Judge cites major safety failures

The court found the trench had steep vertical sides, leaving workers with little chance of escape if something went wrong.

Brundrett described the warning signs as clear, pointing to the proximity of the trench to the retaining wall and the weight of both the structure and the soil behind it as obvious hazards that required stronger protective measures.

He also found that the company lacked regular formal safety briefings and did not have meaningful safety policies in place for the four-person crew on the project.

The ruling further criticized the company’s broad interpretation of a geotechnical engineering certificate, saying it appeared to treat the document as permission to dig near adjacent structures without appropriate safeguards.

Fine and restitution ordered

J. Cote and Son Excavating was fined $575,000 following the convictions.

The company was also ordered to pay more than $6,200 in victim restitution to Richer, who suffered fractured ribs, chronic back pain and long-term psychological effects from the collapse.

The court heard that Richer later lost his job and continued to deal with the trauma of the incident for years afterward.

Family impact remains profound

The court also heard from Caron’s family during sentencing.

Caron, who was 28 and of Cree descent, was remembered as kind, outgoing and someone who brought energy and joy to those around him. His family is based in Saskatchewan.

A WorkSafeBC report issued in 2014 had already concluded that a series of failures by the contractor contributed to his death.

According to the judgment, no regulatory penalty had yet been imposed on the company in connection with the incident.

Court notes company has changed

Crown prosecutors had sought a $1-million fine, but the judge said several mitigating factors supported a lower penalty.

Those included major changes made by the company after the fatal collapse, including the adoption of regular safety meetings and more proactive health and safety practices.

Brundrett said he accepted the company’s submission that it had since implemented stronger safety programs, adding that it is now a very different company from the one involved in the 2012 incident.