Death from rebounding pipe was beyond reasonable safety precautions: Court
A Saskatchewan company has been acquitted of all charges following the death of an employee who was hit by a pipe at a mine construction site after the Saskatchewan Provincial Court found the company had taken all reasonable safety precautions.
On Oct. 23, 2006, Ron Deglau, an employee of Robwell Constructors, was working at a mine site in northern Saskatchewan. Robwell had a contract with the site owner to perform various work orders at the mine. Deglau, a general labourer, and two other workers were clearing and de-icing water lines. They used pressurized air from an air compressor to determine if pipes were blocked.
Worker killed by pipe whipping back
On one particular pipe, the workers saw a chunk of ice lodged in a pipe that emptied into a pond. Deglau, who was standing about eight feet away from the pipe behind concrete barriers, told the operator of the air compressor to stop the air pressure. However, once the pressure was cut off, the ice came out of the end of the pipe and caused the pipe to whip into the air past the barricade, hitting Deglau in the face and causing facial injuries and a fatal airway obstruction. The other worker was knocked down by the air pressure. It was estimated the pipe moved a total of 41 feet before bouncing back to land 25 feet away from its original spot.
An investigation of the site followed that found the compressor was manually set to shut off at 102 pounds per square inch (psi) and would automatically shut off at 140 psi. However, the operator claimed there was no manual shutoff setting and Robwell had instructed him to increase the air pressure until the compressor reached maximum capacity.
The investigation found that the rating of the pipe and the concrete safety barriers were within standards and a pipe moving more than a few feet was not a reasonable expectation. Also, Robwell had conducted weekly safety meetings with Deglau and the others and had instructed them to stay back from the end of a line when air was being put through it. Robwell also conducted a job safety analysis (JSA) on clearing lines in July 2006, but it did not conduct a separate JSA for the work Deglau and the others were doing in October. A supervisor also came by the site twice a day. The compressor operator’s claim was called into question as well, as the investigators found the compressor had in fact been set to shut off at 102 psi.
Employer hit with occupational health and safety charges
The investigators determined the safety procedures undertaken were not sufficient to prevent the accident that claimed Deglau’s life and Robwell was charged with several offences under The Occupational Health and Safety Act of Saskatchewan, including:
•Failure to ensure that all work at a place of employment was sufficiently and competently supervised
•Failure to ensure, as is reasonably practicable, the health, safety and welfare at work
•Failure to develop a written program for the training of workers to ensure they are adequately trained to carry out their duties
•Failure to ensure the workers involved were trained in all matters necessary to protect their health and safety when they began work or moved to a different activity or worksite with different hazards
•Failure to ensure no worker was permitted to perform work without training and sufficient experience to perform the work safely or under close supervision.
The court found there was enough evidence to show Robwell did not instruct the operator to raise the compressor level of 102 psi and if he did, it was of his own choice and Robwell had no control over him. It was also clear that normally, the type of pipe in question could not normally be expected to move the amount it did and it was reasonable for Robwell and the workers to think the concrete barriers were enough protection.
The court also found Robwell had worked in conjunction with the site owner to establish and maintain a safe worksite. The directions and procedures for employees, concrete barriers, weekly safety meetings, supervisors regularly checking in and safety training programs for all employees when hired contributed an “atmosphere of safety.” The JSA that had been completed for the site in July 2006 was also sufficient to cover the work Deglau and his co-workers were doing, said the court.
“In these circumstances I am satisfied by the evidence that Robwell took all reasonable steps to ensure their employees were competently and sufficiently supervised, completely and sufficiently trained, and sufficiently experienced to participate in and complete the job of clearing and de-icing lines on Oct. 23, 2006,” said the court.
The court dismissed all the occupational health and safety charges against Robwell.
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