Man alleging he faced racism at worksite says he was purposely shot with nail gun

A man has been arrested aftera construction worker in Nova Scotia's Pictou County allegedharassment by a colleague escalated last month from racist name calling to being purposely shot in the back with a nail gun.

RCMP said Wednesday that a43-year-old man was arrested Sept. 27 and is facing a charge ofcriminal negligence causing bodily harm. They have not released the man'sname.

A lawyer for Dlamini's employer, P.Q. Properties Ltd., has vigorously maintainedthe Sept. 19 nail-gun shooting was an accident, dismissing the police investigation as "ridiculous."

On the day of the incident, Dlamini, who is black, said his co-worker accused him of working too slowly before threatening him with the nail gun.

"He turned around and pulled the safety on the gun,and points at me and says, 'I'll show you how to speed up,'" Dlaminisaid in an interview withCBCNews.

"I just looked at him and I was just like, 'What are you doing that for?' And he just smiled.

"And when he smiled about it, I just turned around and started running. And that's when he shot the air nail and it hit me in the back."

His lung was punctured with a 3-inchframing nail, he said.

Dlaminisaid he was screaming and yelling, trying to make sense of what happened, when the man came over to him as he lay on the ground, plucked the nail out and threw it away as a small crowd gathered to see what was going on.

The man told the three other people on the crew and their boss, Paul Quinn, that a smaller finishing nail had accidentally ricocheted and nicked Dlamini, he said.

Dlamini said because he was in shock, struggling to breathe and talk at the same time, he couldn't tell his side of the story. There were no witnesses to the incident.

"It was just me and him, and that was the scariest part,and he used that as an opportunity to tell them whatever he wanted," he said. "I'm still in shock. I can't believe it."

One of the workersputa Band-AidonDlamini'swound.Dlaminisaid Quinndrove him home and did not offer any medical attention.

When a friend drove him to the hospital over an hour later, Dlamini said his doctor told him it could have been far worse if he hadn't gotten medical attention.

Dlaminisaid he required emergency surgery to repair acollapsed lung and spent four days in the hospital with a chest tube.

His mother, Stacey Dlamini, told CBC Newsshe called Quinn and informed him her son was undergoing emergency surgery and asked why he hadn't been taken to hospital. She then called the RCMP.

When reached by phone byCBCNews, Quinn referred questionsto his lawyer,Craig Clarke.Quinn is a New Glasgow-based property developer and landlord. The workers were building him a new home when the incident occurred.

In a Sept. 23 interview, four days after the incident, Clarke disputed thatDlaminiwas seriously injured. He said the nailshooting wasn't intentional and that the wound only required a Band-Aid.

Quinn did not contact the RCMP after the incident because"there was no reason to,"said Clarke.

He said Quinnoffered to driveDlaminito the hospital or call an ambulance but he refused. Dlamini'srefusalwas documented in an incident report Quinn prepared with statements from people at the worksite, said Clarke.

He declined toshare the report withCBCNews.Quinn is not required to give the report to the RCMP, he said.

"I would not concur withRCMP'sposition at all that a serious injury happened. I would also strongly take the position that theRCMP, based on the information that I reviewed, have no reason whatsoever to be involved in any criminal investigation whatsoever. Zero," said Clarke.

Reached againWednesday, Clarke saidthree people who were at thesitethat daydon't supportDlamini's allegations and there's no basis for any charge.

Dlaminisaid he had been on the job for just three weeks when the nail-gun shooting occurred. During those few weeks, he said the co-worker who fired the gun called him "Squigger" and occasionally referred to him as "whatever the F they call you at home."

The co-worker also threw nails at him, hammered hisbootedfootand stapled his jacket to a staircase,Dlaminisaid.

He said he was the only person of colour on the worksite and the only person bullied by theman.

He said hefirst introduced himself as Nha shortened version of his South African name but the name Squiggerstuck.

At first, he did not understand what the nickname meant,until a friend told him.

"I've been letting them literally call me theN-word, just without the Nbeing the first thing," said Dlamini."I was repelled by that. I was taken aback. And I just feel uncomfortable ever going back to a job site that would be like that."

He alsosaid the man who shot the nailtold him everyone should own a black person.

"I don't want to rush into pulling the racist card. But in this incident, knowing thatSquiggerwas theN-word, low-key," saidDlamini. "I can say that it was a racist act and a racist situation."

At one point, Dlaminispoke to his co-worker directly, saying he was uncomfortable andconcerned for his personal safety. The man responded that he would keep doing what he wanted, said Dlamini.

Dlaminisaid he feared for his job and tried to keephis head down. He was worried the man would retaliate if he shared his concerns with Quinn, he said.

Clarke said he was unaware of anybullying or racism at P.Q. Properties.

"I have no knowledge of that whatsoever. I couldn't comment on that. But in the incident reports I reviewed, there's nothing about that.

"If somebody's making an allegation like that, they should be prepared to back it up."

There have been no charges laid against Quinn or P.Q. Properties, Clarke said.

The Department of Labour said they were notified of the incident by theRCMP, but they are not involved while the criminal investigation is ongoing.

Employers in Nova Scotia are required to report serious injuries to the Department of Labourwithin 24 hours.

Clarke said he's not aware if there wasany communication between Quinn and the department.

Department spokespersonChrissyMathesoncould not comment on the incident andsaid there is no requirement that employers seek medical care for injured workers underthe Occupational Health and Safety Act.

The departmentlater corrected Matheson'sstatement to say employers are required to ensure that employees needing medical attention are able to obtain that care,which often involves calling911.

Under the Workers' Compensation Act, employers have a duty to report injuries that require medical attention or time off work, according to a spokesperson for the Workers Compensation Board.

The department said ithasnot placed a stop-work order or any conditions on the worksite.

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