Burnaby trench worker death prompts RCMP investigation

A workplace accident in which a 28-year-old pipe-layer was crushed to death while working in a trench in Burnaby is the focus of a rare criminal investigation by the RCMP.

Jeff Caron was killed and co-worker Thomas Richer was injured on Oct. 11, 2012, when a wall collapsed on them
while they were replacing sewer lines for the City ofBurnaby.

WorkSafeBC investigated the incident, and concluded a series of failures contributed to Caron's death, buthas yet to impose any penalties, pending theoutcome of the criminal investigation by theBurnabyRCMP.

• On mobile? Click here to read the WorkSafeBC report

Richer, who has not worked since the accident, is now campaigning in Caron'smemory, demanding legal consequences be imposed onthe parties involved.

Richer says he warned his foreman before the accidentthat a crack in the concrete retainingwall above their trench was getting bigger.

I told him, this isn't safe, we shouldn't be in here says Richer, who claimsthe foreman didnot listen to him.

The wall is shifting. Its not safe, the thing is going to fall. No, we were ordered back in thetrench."

According to WorkSafeBCs inspection report, 10 minutes later, the wall cracked in two andcollapsed, fatally crushing Caron and fracturing Richers ribs.

I watched the wall come and hit Jeff in the centre of the back and just reached out, saysRicher.

Richer sayshe still suffers from a back injury andPost Traumatic Stress Disorder as a result ofthe accident.

Hazards were not addressed

At the time of the incident,Caron and Richer wereworking for J Cote and SonExcavating,which was hired by the City to do the work, in conjunction withEarthbitatEngineering and Vector Engineering.

WorkSafeBC's investigation concluded that the City of Burnaby, the excavation companyand thetwo engineering firmsall failed to address thehazard presented by the wall.

The agency issued sixorders to J Cote and Son,for failing to provide a safety program, failing to recognizehazards, and failing to dealwiththem when workers reported them.

It also issued orders to the City of Burnaby, for failing to provide information about the hazards posed by the structure and failing to report apparently hazardous structures next to the excavation.

WorkSafeBCalso concluded that a failure by the professional engineer at Earthbitat to recognizethe hazardous conditions imposed by structures directly adjacent to an excavation was anunderlying factor in the incident.

• Click here to see the orders issued by WorkSafeBC toJ Cote and Son Excavation, the City of Burnaby andEarthbitatEngineering

Right to refuse unsafe work

The agency's report says work should have stopped the moment Richer voicedconcerns, but it didnt. It also found the workers were notsufficientlyinformed of their right to refuse unsafe work.

Richer isangry his concerns were ignored.

Should have been a crime scene, like they investigate every other homicide. This was ahomicide I believe. Jeff was killed, I was viciously assaulted, said Richer.

My cries for help were just put aside, and when you have your superior officers and anyengineer telling us that it's safe...

"Then like WorkSafeBC said, we had the right to refuse unsafe work. Well, they're telling us it was safe, it didn't matter what I said, said Richer.

Caron's mother Cindy Kahm, who lives on Little Pine First Nation some 200 kilometres northwest of Saskatoon, saysshe hopes someone is held accountable for hersons death.

"Hallelujah. Thank you. There's somebody that's listening said Kahm, when the CBC informed herpolice were now looking into the accident.

My sons life is gone only as a result of someones greed, said Kahm, who wonders why therewasnt a protective cage used to protect the pipe layers.

Excavation firm denies responsibility

The excavation company, J Coteand Son, says the trench was dug as instructed by theprofessional engineer.

Earthbitat Engineering would not comment when contacted by CBC.

In a statement, J Cote and Son's lawyer says the excavation company is appealingWorkSafeBCs findings which "are premised on a mistaken understanding of the steps taken priorto the. accident."

• On mobile? Click here to see J Cote and Son's statement

The company says an independent third party confirms its opinion.In addition, J Cote and Son is suingthe City ofBurnabyfor the delayand extra costs incurred after the accident, under the terms of their contract.

City of Burnaby blames engineers

In its response to the lawsuit fromJ Cote and Son, the City ofBurnaby says the wall was clearly visible"and that a geotechnicalreport recommended the work be done using a trench shoring box and restricted sidewalls.

• Click here to read J Cote and Son's Notice of Civil Claim and the City of Burnaby's response

WorkSafeBC found the City of Burnaby failed to provide its contractor with information aboutthe hazards posed by the wall.

Burnaby Mayor Derrick Corrigan says the city may apply for a review ofWorkSafeBCs findings.

Were certainly going to seek some sort of recourse in order to correct the record beforeanyone draws anyconclusions about the city's role in these circumstances,"Corrigan said.

"That being said,we feel absolutely terrible that a worker was killed on a job for the City of Burnaby.

Corrigan says the city will co-operate fully with the police investigation.

Meanwhile, the cityis suing EarthbitatEngineering by way of a Third Party Notice, saying the city is not responsible for the fatal accident and pointing the finger at the engineering firm.

• Click here to see the ThirdParty Notice filed by the City of Burnaby

Earthbitat Engineering had not responded to the Third Party Notice at the time of writing.

For his part, Thomas Richer has started a Facebook page called Justice for Jeff and is hoping to re-trainas an occupational health and safety officer.