A New Brunswick construction supervisor has been sentenced to three years in prison for criminal negligence after the jobsite death of an 18-year-old member of his work crew. Fredericton-based Springhill Construction Ltd. also awaits trial for the August 2018 fatality, which occurred at the city’s wastewater treatment plant when the victim was trapped in a utility hole that suddenly filled with water.
The sentence was decreed earlier this week, following a guilty verdict and the judge’s ruling that Jason King had demonstrated “wanton and reckless disregard” for safety. Evidence from the trial showed that he neither followed safety directions for the procedure underway nor properly informed the worker of the risk. King also testified that he had not read his company’s safety manuals, even though that was an obligation of his supervisory role.
“This sentence should send a strong message to employers across the country that all workplace parties, including supervisors and managers who direct work, must fulfill their obligations under the Criminal Code and workplace health and safety legislation,” says Myles Sullivan, director for the United Steelworkers union in Ontario and Atlantic Canada.
A trial is now pending for the separate criminal negligence charge against King’s employer.
“The evidence already accepted in court demonstrates that the company employed a supervisor who was not sufficiently trained on critical health and safety issues,” observes Daniel Légère, president of the New Brunswick Federation of Labour. “The company’s role in this tragedy has not been resolved and we expect a vigorous prosecution on the criminal negligence charge.”