Excavator plunged into a gravel quarry, judge calls it 'nothing short of tragic’
Nogha Enterprises Ltd. has been issued a fine of $100,000 and placed on two years' probation by the Northwest Territories court following a workplace accident that claimed the life of Claude Fontaine, The sentencing follows the guilty plea from Nogha Enterprises to two of the original nine charges under the territorial Safety Act.
Judge Stephanie Whitecloud-Brass, expressing her condolences to the grieving family, described the incident as "nothing short of tragic." She accepted the joint submission from prosecutor Roger Shepard and defense attorney Christopher Buchanan, which recommended the $100,000 fine. However, Judge Whitecloud-Brass emphasized that no amount of money can ever compensate for the irreplaceable loss of life.
Fontaine, a cherished son, father, and brother, met his untimely demise in December 2020 when the excavator he was operating plunged into a gravel quarry north of Fort Simpson, N.W.T. In the wake of the accident, Fontaine's family has been grappling with immeasurable grief and the profound impact it has had on their lives and the community of Fort Simpson.
In a heartfelt joint statement reported by CBC News, Fontaine's mother and seven siblings conveyed the indescribable pain they have experienced. They expressed their deep sorrow, acknowledging the accident not only claimed Claude's life but also “shattered the normalcy, peace, and stability” of their entire family and community. Every day, they are confronted with the harsh reality and the unrelenting grief of his absence.
The family fondly remembered Fontaine as a man with a "big personality," despite his short physical stature. They acknowledged that he was not without flaws but wrote, "we never went a day doubting his love." Fontaine's family remains haunted by the circumstances surrounding his death, regretting that they were unable to be there to comfort him or bid him a final farewell.
Before the accident, Fontaine expressed gratitude to Nogha Enterprises for providing him with a job close to home, allowing him to support and raise his family. In their statement, his mother and siblings affirmed their lack of malice towards the company, emphasizing Fontaine's deep respect for his employer. Their hope is that Nogha Enterprises will learn from this tragedy and take decisive actions to prevent similar incidents in the future.
The court proceedings revealed a series of workplace safety failures on the part of Nogha Enterprises Ltd. Fontaine, although experienced with heavy equipment, had never received training on the specific excavator he was operating, nor had he been instructed on excavating underwater.
At the time of the incident, the ground was already sagging, and Fontaine was digging at a depth of 23 feet. Despite the co-worker's attempts to call for help, there was no response, leaving Fontaine trapped in the excavator submerged in standing water. Despite diligent efforts to extract him using other available equipment, the rescue mission took several days to complete.
In addition to the $100,000 fine, Nogha Enterprises has been placed on a two-year probationary period. During this time, the company is obligated to develop and implement a comprehensive safety program that ensures all employees operating mobile powered equipment receive proper training. This measure aims to prevent future accidents and prioritize the well-being of the company's workforce.
