Ex-Foreman and Excavation Company Face Criminal Charges for 2012 Workplace Fatality
North Burnaby, Canada – Criminal charges have been laid against an excavation company and its ex-foreman over a tragic workplace fatality that occurred in 2012. Pipe-layer Jeff Caron lost his life after being fatally crushed by a concrete retaining wall at a worksite. J. Cote & Son Excavating Ltd., Caron’s employer at the time, has been charged with criminal negligence causing death and criminal negligence causing injury. Additionally, David Green, Caron’s foreman, faces those charges as well as one charge of manslaughter.
The incident took place on October 11, 2012, in North Burnaby. Caron, 28, and another pipe-layer, Thomas Richer, were working in a 1.2-meter deep excavation next to a concrete retaining wall, as revealed by a WorkSafeBC investigation report. Unfortunately, the wall collapsed into the excavation during the installation of a combination storm and sanitation line, resulting in Caron being pinned between the wall and the bank. Richer also suffered serious injuries.
Authorities concluded that the City of Burnaby, J. Cote & Son Excavating Ltd., and two engineering firms failed to recognize and address known hazards at the site, which contributed to the incident. The findings were forwarded to the Burnaby RCMP in 2014, prompting an investigation into potential criminal responsibility.
On August 17, the B.C. Prosecution Service laid criminal charges against J. Cote & Son Excavating Ltd. and David Green. The case will proceed directly to B.C. Supreme Court without a preliminary hearing as it was issued through a direct indictment.
The next court date for the case is set for September 13. Burnaby RCMP declined to comment on the matter at this time.
The charges brought against the excavation company and its former foreman highlight the serious nature of workplace safety and the potential legal consequences employers and supervisors may face in the event of negligence leading to employee fatalities or injuries. The case also underscores the significance of recognizing and addressing hazards within work environments to prevent tragic accidents from occurring. The court proceedings will shed further light on the details and outcomes surrounding this unfortunate incident.
Follow Cornelia Naylor on Twitter @CorNaylor
Email cnaylor@burnabynow.com
