Backhoe Operator Caused Explosion that Killed Two Men
A backhoe operator who was found responsible for an explosion that killed two men in Saskatchewan has been fined thousands of dollars and must pay compensation to the victims’ families.
Snagged Natural Gas Riser with Equipment
According to the Canadian OH&S, Lorry Riemer, 58, was demolishing buildings in downtown Nipawin in 2008 when he snagged a natural gas riser with his equipment. Gas seeped into a butcher shop and caused an explosion that killed Jack and Brent Boxall, who were working for Riemer, and injured several others.
Provincial court Judge Barry Morgan convicted Riemer earlier this year of two workplace violations under the province’s Occupational Health and Safety Act.
”The cause of the accident that led to the explosion, the deaths, the injuries and the property damage were specifically a result of the offences that Mr. Riemer has been found guilty of,” Morgan wrote in his decision released this month.
Deemed Reckless and Negligent, Fined $28,000
He said Riemer’s actions were incredibly risky and ”entirely foreseeable.” Morgan said the appropriate action would have been to dig up the gas line first by hand. ”To try to do so with a backhoe was extremely reckless and negligent.”
The judge fined Riemer $10,000 for each violation, plus added two $4,000 surcharges for the victims’ families for a total of $28,000. Riemer has until Dec. 31 to pay. Neither he nor his lawyer commented outside court.
Morgan said no amount of money will compensate the families for their loss, but he wanted to send a message of deterrence.
Crown prosecutor Mitchell Miller said the ruling was appropriate given the explosion’s circumstances.
Four Year Investigation Finally Brought to Conclusion
”We have to remember that Mr. Riemer had the first and best chance to prevent all of this from happening. He was the gatekeeper of safety for other people on that site. He failed, and that’s what the judge concluded,” Miller said. ”It’s a relief for perhaps everyone to have this over with. It’s been over four years in the making.”
In the initial stages of the investigation, a SaskEnergy employee was also facing up to five charges under the Occupational Health and Safety Act. But the Crown decided it could not prove wrongdoing and dropped the charges.
During the trial, Riemer’s lawyer, Irvin Carson, argued that the SaskEnergy worker was negligent in how he responded. Morgan shot down that logic.
”The defence argument throughout has been that the fault lies mostly, if not fully, with SaskEnergy,” he wrote. ”However, I would not consider anything they did, or did not do, to fit under the doctrine of contributory negligence.”
Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: [email protected].
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: [email protected].
