Worker dies after being submerged in water during construction of a large concrete clarifier at sewage plant
The New Brunswick Court of Appeal has dismissed the appeal of one former supervisor on his conviction in relation to the death of one of his workers, according to a report.
Jason King held the position of supervisor during the construction of a large concrete clarifier at the City of Fredericton's wastewater treatment plant back in 2018.
The clarifier – a pool-like structure – had a hole in the middle connected to a horizontal pipe that extended to a nearby manhole. Prior to the incident, discussions took place regarding the use of a large inflatable plug to seal the pipe, with subsequent plans to fill the manhole with water to test its water-tightness.
On the morning of Aug. 16, 2018, 18-year-old Michael Henderson, an employee at the site, was cleaning the bottom of the hole.
King had begun filling the manhole with water before noon that day, leaving it running while the workers took their lunch break. Henderson then resumed work after lunch, and shortly thereafter, the plug slipped out of the pipe, trapping him in the hole as the water level rose above his head.
It took several minutes for first responders to free Henderson, who had been submerged underwater.
In 2023, a New Brunswick judge found King guilty of criminal negligence in relation to the incident.
King later contested the decision.
CBC News previously reported that King's defense lawyer, Patrick Hurley, contends that Judge Thomas Christie erred during the trial by admitting a statement King provided to WorkSafeNB employees and misinterpreting King's responses in that statement.
Furthermore, Hurley argues the judge wrongly concluded King breached the standard expected of a reasonable supervisor, despite a lack of evidence supporting this standard. As a result, King is requesting the court to either overturn his conviction and acquit him or order a new trial.
On Thursday, the New Brunswick Court of Appeal dismissed that appeal, according to CBC. The court also ordered King to surrender within 24 hours to begin serving his sentence, according to the report.
