'The machine is not to run before it's fixed'
The excavator involved in the fatal incident in New Brunswick two years ago was operating with missing mirrors, a key safety issue that may have contributed to the tragedy, according to its operator.
On Aug. 21, 2023, Jamie Harris, 42, died at a worksite located on Ulysse Drive, part of the Dover Estates mobile home park in Dieppe, when an excavator backed onto him.
Ghyslain Bouchard, co-owner of Perfection Contracting – Harris’s employer – testified during the inquest proceedings at the Moncton courthouse that a pre-work inspection by the operator was supposed to identify maintenance issues that could wait, as well as those that required an immediate fix. Mirrors and backup beeper were among items Bouchard said needed immediate repair.
"The machine is not to run before it's fixed. I had not realized that day that it was not on," Bouchard said about the mirrors, according to a CBC report.
In 2024, Perfection Contracting pleaded guilty to a charge that it failed to properly maintain an excavator. The employer was fined $30,000 for the incident.
What happened on the day of the incident
On the day of the incident, workers of the company dug a hole to find a leaking water pipe at the site. However, it was unsuccessful.
Near the end of the day, Harris and the excavator operator were the only workers left at the job site as the hole was being filled back in.
Harris was raking around the front of the excavator before he went behind the machine to continue raking. It was at this point that communication between the two workers broke down, said Crown prosecutor Guillaume Rigucci, according to a previous CBC report.
The excavator operator backed up and then saw Harris's boot in front of the machine.
"He somehow got under the track, and I couldn't feel him under the track," Shayne Henry, the excavator operator, testified, according to a CBC report. "If he would've screamed or anything I would've heard him."
Harris was “crushed to death,” according to a previous CBC report.
Harris was serving as a spotter for Henry because of utility lines over the site, according to a CBC.
Henry testified he told Harris to get tools to push material in front of the machine, saying the plan was to use the excavator's bucket to fill the hole as he gradually backed up the machine.
"I saw him when he went to get the tools, but didn't see him come back," Henry said, saying Harris should never have been behind the machine. He estimated that the machine weighs about 25 tonnes.
"He somehow got in behind my machine. I don't know why he was there," Henry said.
GoFundMe page for Harris’s family
Following Harris’s death, Bouchard launched a GoFundMe page on behalf of Bouchard’s fiance Melissa and their two young children.
The funding campaign aimed to raise enough funds to build “a forever home for Jamie's family”.
“We want to ensure that Melissa, who is now facing the immense challenge of raising their children alone, has a stable and secure place to raise their kids and build new memories,” said Bouchard.
The campaign has raised $19,325 as of writing of this story.
In an Aug. 23, 2023 Facebook post, Perfection Contracting noted: “Jamie Harris you will be missed and forever remembered for your hard work and dedication to the company”.
