Court heard over 40 safety deficiencies found during an investigation
A Yukon judge has imposed more than $80,000 in penalties on an engineering firm and its president for safety violations leading to the death of geotechnical driller Usman Khan in 2021. The incident occurred on the North Klondike Highway near Stewart Crossing.
Saffa Engineering Incorporated, an Ontario-based company, and its president, Syed Iftikar Ahmad, pleaded guilty to three violations of the Occupational Health and Safety Act last year. According to CBC News, deputy territorial court judge Kathleen Caldwell sentenced both in a Whitehorse courtroom, noting the close personal connection between Ahmad and Khan, whose families are friends in Pakistan.
“Harsh though it may sound, however, the fact that Mr. Ahmad has been profoundly affected by Mr. Khan’s death cannot dictate the outcome of this sentencing process,” Caldwell stated.
The accident happened on November 13, 2021, while Khan was drilling alone, despite company policy requiring a helper to be present. According to an agreed statement of facts, Khan’s helper had stepped away for a drink when the accident occurred. Upon returning, the helper found Khan with fatal injuries caused by the drill.
Findings of the investigation
The investigation revealed multiple safety deficiencies, including the absence of a Northern Safety Network Yukon (NSNY)-trained supervisor and inadequate verification of Khan’s qualifications. CBC News noted an engineer found 44 safety issues with the drilling rig, such as a missing mandatory guard and a malfunctioning emergency stop system. Additionally, the rig’s transmission was limited to third gear and reverse, causing higher drilling speeds than recommended.
“The combination of the high rotation speed and the [rig] being ‘off level’ would increase the risk of binding and suggests that the auger may have become stuck just prior to the fatal incident,” the report stated.
Despite many safety failures being attributed to Khan’s actions, Caldwell emphasized the employer’s responsibility. “Mr. Khan was essentially left with the task of supervising himself and he appears to have been woefully unqualified for that role… The legislation exists in part to protect employees from themselves,” she said.
According to CBC News, prosecutor David McWhinnie sought a $100,000 penalty, while defense lawyer Luke Faught requested $30,000. Caldwell ultimately ordered Saffa Engineering to pay $41,400 in fines and surcharges, and contribute $34,000 to NSNY. Ahmad was fined $4,600 and ordered to make a $6,000 NSNY contribution. Both must comply with these penalties within specified timeframes and are subject to one year’s probation.
Acknowledging employer’s remorse
Caldwell acknowledged Ahmad’s remorse, highlighting his act of accompanying Khan’s body back to Pakistan as a sign of respect and strength of character. She also noted that Khan was the only person aware of the transmission issues and that there was no evidence of cost-saving measures contributing to the safety deficiencies.
In a statement to CBC News, defense lawyer Faught expressed the devastating impact of Khan’s death on Ahmad and Saffa Engineering, hoping the case’s conclusion brings some peace to Khan’s family.
