Jury rules Bruce Lagacé's death accidental and issues seven recommendations

A coroner's inquest into the death of truck driver Bruce Lagacé at the American Iron & Metal (AIM) scrapyard in Saint John, New Brunswick has ended with a jury ruling the death accidental and issuing seven recommendations, including a third-party review of the company’s safety practices. The inquest heard nearly two dozen safety violations have been issued against AIM over a two-year period.

Lagacé's died on November 24, 2021, from blunt force injuries to the head, neck, and abdomen, sustained while his truck was being unloaded at the scrapyard. He was crushed by scrap metal as a trailer was being cleared out. The jury declared his death an accident.

_{AIM crane used to clear out trailers. Source: WorkSafeNB}

On the day of the incident, surveillance video showed that Lagacé climbed into the back of his tractor-trailer at 9:05 a.m. while a large crane with a ball of wire fencing on the end was being used to sweep away debris from the trailer. Lagacé was found buried in a pile of debris and was subsequently rushed to the hospital, where he was pronounced dead at 10:07 a.m.

_{Ball of fencing used to sweep out trailers weighs hundreds of pounds. Source: WorkSafeNB}

Anatomical pathologist Dr. Ather Naseemuddin, who conducted the autopsy, testified that Lagacé had sustained severe injuries, including broken ribs, lacerated lungs, and a severed spinal cord. These injuries were deemed "incompatible with life," and the cause of death was determined to be multiple blunt force injuries.

The inquest heard alarming details about safety violations and workplace incidents at AIM. In the last two years, the company has faced monthly inspections by WorkSafeNB, resulting in the issuance of 22 violation orders. This heightened scrutiny followed a series of incidents, including two workplace fatalities.

The five-member jury issued seven recommendations include measures to enhance safety protocols at AIM:

1. On arrival, the receiver should ensure the customer has signed updated procedures and protocols.
2.  Safety procedures should be reviewed by a third party periodically and updated when needed.
3.  There should be a clear procedure for communicating transfers of duty.
4.  The driver should not stay in the vehicle during the off-loading process.
5.  The driver should remain in the safe area until the site employee indicates it is safe to return to the vehicle.
6.  The cleaning process should be completed in designated cleaning areas.
7.  There should be punitive measures for safety infractions.

The chief coroner will forward these recommendations to relevant agencies for consideration and inclusion in the chief coroner's annual report for 2023.

Regional coroner Michael Johnston expressed condolences to Lagacé's family and noted that an immediate family member had been contacted in preparation for the inquest. However, the family opted not to attend due to the emotional difficulty of reliving the situation.

American Iron & Metal is currently facing trial in March on four Occupational Health and Safety Act charges related to another death at the scrapyard. Darrell Richards, aged 60, passed away on July 1, 2022.

WorkSafeNB's investigation manager, Michel Cyr, revealed during the inquest that AIM had been inspected monthly due to several incidents, with a compliance plan developed in collaboration with the company. Inspectors issued 11 orders for violations of Occupational Health & Safety Act regulations in each of 2022 and 2023, although none had been escalated due to a lack of appropriate response.

Despite offering consultation on safety procedures to AIM on ten occasions, WorkSafeNB had not received acceptance of their offer. AIM Recycling East's vice president, Michael Cormier, testified they had been continuously improving since 2021. Safety measures included requiring drivers to remain in their trucks and yard inspectors to be five feet from the truck for line-of-sight visibility. However, no changes had been made to the two-way radio system for communication between yard inspectors and operators, excluding drivers.

The jury's findings and the ongoing trial of AIM highlight the pressing need for improved safety practices within the scrapyard industry. The recommendations serve as a call to action for AIM and similar facilities to prioritize safety to prevent future accidents and tragic losses like that of Bruce Lagacé.