Construction firm charged after 2021 death
Scaffolding at New View Designs by Laurie Cole Inc. project site collapsed two years ago, causing fatality giving rise to WorkSafeNB charges against Fredericton company
A Fredericton home-design and construction company is facing allegations of workplace safety violations in the wake of a worker’s death on a jobsite two years ago.
WorkSafeNB, the province’s workplace-safety watchdog agency, laid charges under the provincial Occupational Health and Safety Act in Fredericton provincial court recently against New View Designs by Laurie Cole Inc., based on St. Mary’s Street.
The charges allege the company failed to ensure a metal scaffold was erected in accordance with manufacturer specifications; that the scaffold wasn’t outfitted with a continuous access stairway starting at ground level, required for a structure greater than six metres in height; and to provide safety instructions needed to protect an employee’s health and safety.
Laragh Dooley, executive director of corporate communications for WorkSafeNB, confirmed the charges stem from a Dec. 6, 2021, accident that claimed a worker’s life in Fredericton.
“While there were issues with the scaffolding, including missing guardrails, the fatality resulted when the supervisor fell from the scaffolding,” she wrote in an email to the Fredericton Independent.
Dooley declined to name the supervisor, though she noted it was a man between the ages of 30 and 50.
The charges were before provincial court Judge Lucie Mathurin on Monday.
Halifax lawyer Brad Proctor appeared by telephone to represent New View Designs. No representative from the company attended Monday’s court proceedings.
He asked for an adjournment because he needed time to obtain disclosure of the Crown file and to confer with the prosecutor who will be assigned the case.
The judge set the matter over to Dec. 18 for pleas.
Dooley, when asked why it took almost two years after the worker’s death for the matter to get to court, noted the Occupational Health and Safety Act gives the agency up to two years to investigate incidents.
“Complex investigations, such as those involving a fatality, can take a year or more to conclude because the process involves thorough examination of the incident site, witness statements, examination of any machinery or equipment, personal protective equipment present, work procedures and whether the worker(s) received adequate training and supervision,” she said.
“This investigation required participation from the employer and the scaffolding manufacturer, which was not always readily available. In addition, the Crown asked for additional time to review the file.”
Don MacPherson can be contacted at ftonindependent@gmail.com.