Jury issues recommendations following workplace death

Calls grow for new policies to protect workers on the job

Jury issues recommendations following workplace death

A coroner’s inquest into the workplace death of Jamie Harris has resulted in 10 recommendations aimed at preventing similar tragedies. A report from CBC News noted that the 42-year-old was fatally crushed by an excavator at a Dieppe job site on August 21, 2023.

The inquest, which concluded Tuesday, provided Harris’s family with a sense of closure. “The recommendations that were made today I think are good recommendations if they follow through with everything, and hopefully this tragedy doesn’t happen to another family,” said his sister, Karen Poirier.

Excavator operator Shayne Henry testified that he lost sight of Harris and realized he had run over his co-worker only upon seeing his body under the machine’s track. The inquest, which is not held to assign blame, examined the circumstances of the accident and identified safety lapses.

Findings and safety concerns

WorkSafeNB’s investigation found that the excavator had two missing mirrors that were required for visibility. While a backup camera and audible alarm were operational, investigators noted that workers can become desensitized to the alarm’s sound. The jury heard about new sensor-based technology that alerts workers when they are too close to heavy equipment.

Additionally, no pre-work inspection of the excavator had been conducted that day. Perfection Contracting, Harris’s employer, faced two workplace safety charges and pleaded guilty last year to failing to maintain the excavator, resulting in a $30,000 fine.

Recommendations for safety improvements

The jury’s recommendations were divided between those specifically for Perfection Contracting and broader workplace safety measures. The company-specific recommendations include:

  • Implementing a two-person equipment checklist with mandatory sign-off at the start and end of each workday.
  • Providing risk and safety awareness training to site workers.
  • Enhancing communication through proximity sensors.
  • Ensuring mirror protection cages or immediate repairs.
  • Keeping spotters in place while equipment is in operation.

General recommendations for workplace safety include:

  • Promoting a two-person checklist system industry-wide.
  • Mandating certification and recertification for heavy equipment operators in New Brunswick.
  • Establishing fatigue-related impairment policies similar to those in the trucking industry.
  • Imposing stricter penalties for safety violations.
  • Conducting unannounced site inspections.

Family’s response and industry impact

Harris’s family expressed support for the recommendations, particularly those addressing missing mirrors and harsher fines. “We do hope that Shayne gets the help that he needs as well because he’s also suffering,” said Donna Harris, referring to the excavator operator.

The $25,000 portion of the company’s fine is being used to fund heavy equipment safety training. So far, 2,000 workers have completed the course, with 3,600 registered.

While the recommendations are non-binding, they will be sent to relevant authorities for review. Deputy chief coroner Emily Caissy stated that responses from organizations will be sought in the coming weeks.

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