Worker’s sister calls fine 'a slap on the wrist'
New Brunswick employer Windturbine Construction Team Inc. has been fined $25,000 following the death of a worker at a wind farm construction site.
The penalty relates to the July 18, 2023, death of 46-year-old Matthew Jeremy Brawn, a pilot truck driver from Regina, Sask.
The penalty was handed down on Monday in Saint John provincial court, where the employer pleaded guilty to one count under the Occupational Health and Safety Act for using an industrial lift truck beyond its rated capacity, CBC reported.
A second charge, concerning improper use of equipment, was withdrawn by the Crown. The fine was accompanied by a $5,000 victim surcharge.
The incident occurred at the Neweg Energy Project near Sussex, New Brunswick, where Brawn was unloading a wind turbine tower. Windturbine Construction Team Inc.– a federally regulated employer that employed Brawn – was the company responsible for installing the turbines at the project.
Crown prosecutor Chris Titus told the court that Windturbine Construction used a lift “that wasn’t rated for that particular size and weight.” The equipment failure resulted in the fatal incident, Titus said, adding that Brawn had attempted to apply the brakes on a runaway trailer dolly when it rolled back and crushed him. The dolly, weighing over 27,000 kilograms, stopped 22 metres from where it struck Brawn.
According to a WorkSafeNB investigative report obtained by CBC, the dolly became detached from an off-road forklift, prompting Brawn to intervene. The report stated that Brawn had been instructed to release the air brake valve to secure the brakes, but something went wrong during the process.
WorkSafeNB found that Windturbine Construction failed to ensure the lift truck was used safely and within its capacity. The maximum penalty under the Occupational Health and Safety Act is $250,000, six months in jail, or both.
'A slap on the wrist'
Brawn’s family, however, was not happy with the penalty.
Erinn-Jane Brawn, sister to the deceased, said she was "sad and hurt" with what the court imposed on the employer, according to CBC.
"The amount of money they were fined doesn't seem like very much for my brother's life," she said in the report.
"It feels like a slap on the wrist to them and maybe a slap in the face to everybody that loved Matthew."
She also questioned the fine’s ability to drive meaningful safety improvements.
"What incentive would they have to ever do anything different?"
The maximum penalty under the act is $250,000, six months in jail, or both.
The Labour Program at Employment and Social Development Canada is conducting a separate investigation into Windturbine Construction’s compliance with the Canada Labour Code, according to CBC.
Richards Transport has not commented on the investigation, which began in July. Spokesperson Mila Roy indicated that if non-compliance is found, enforcement measures will follow, according to the report.
Meanwhile, the WorkSafeNB investigation found no charges were warranted against the other employers involved in the Neweg Energy Project – namely, Natural Forces, the turbine supplier Enercon, or Martin Up Consulting Inc., said spokesperson Lynn Meahan-Carson.
“Nobody should have to die at work to make a paycheque,” Erinn-Jane Brawn said.
The Neweg Energy Project, which began construction in April 2024, is owned by Natural Forces and the Mi’gmaq United Investment Network. It represents the second phase of the Wocawson Energy Project, following a five-turbine project completed in 2020. The development is located east of Springdale and south of Portage Vale.
