1 year later, death of worker at Saskatoon hospital construction site still under review

Saskatchewan's Occupational Health and Safety division is still reviewing the circumstances of a construction worker's death at the site of Saskatoon's new children's hospital a year after it happened.

Eric Ndayishimiye, a 21-year-old employee of subcontractor Banff Construction, was killed on July 21, 2016when a steel construction lift fell on him at the site of the future $285-million Jim Pattison Children's Hospital. The site is overseen by general contractor Graham Construction.

Ndayishimiye had been on the job for about six months.

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"The fileis still under review," said David Horth, the director of communications for the Saskatchewan Ministry of Labour Relations and Workplace Safety.

Asked if the investigation is taking longer than normal, Horthreplied, "Each file is unique, making it hard to say what would be considered typical.... Our priority in every incident is to make sure we complete a thorough review."

2-year deadline to file charges

The ministry's OHS division launched an investigation into the death shortly after it was reported last year. The results of that investigation, which is still ongoing, are being reviewed by OHS and the province's Department of Justice.

"This review can take up to two years and varies based upon the complexities of each incident," said Horth.

"If the review results in a charge or charges being laid, the matter remains pending until it is resolved in court."

The two-year window after an incident is key. After two years, no charges can be laid against a company or corporation for workplace safety offences, according to the Saskatchewan Employment Act.

$1.5M penalty

Saskatchewan, along withBritish Columbia, Alberta and Manitoba, has the highest potential penalty for incidents causing the death of a worker: up to $1.5 million for a corporation.

Graham Construction said after Ndayishimiye's death that it had stopped using the type of liftthat killed the man at all of its sites.

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A company representative could not be reached for comment Wednesday about the status of Occupational Health and Safety's investigation.

'Deeply saddened'

"We remain deeply saddened by this and our hearts continue to be with the family," read a statement sent to CBC News from the Saskatoon Health Region. "However it is not our place to comment on the case while it is still under review."

Eric's father, Froduald Ndayishimiye, said he was "not worried" about the pace of the investigation.

"We are awaiting the end of the investigation," he said.