Jared Moffat, left, of Prince Albert and Tim McLean, right, of Nipigon, Ont., were killed while working for Forbes Bros. when a tower they were on collapsed in Come by Chance, NL in 2017. (file photo/GoFundMe, Facebook)

By Nigel Maxwell

Court proceedings

Alta. company receives $125,000 fine, in connection to Prince Albert man’s death

Apr 20, 2021 | 2:11 PM

Nearly four years after a work place accident resulted in the death of her son, a Prince Albert woman says the family is no closer to closure.

Gayle Moffat’s son Jared was one of two people killed in June 2017, while working on the construction of a transmission line in the community of Come By Chance, N.L.

Forbes Bros. Ltd., an Alberta-based power line construction company, has received a fine of $125,000, and told to pay $37,500 in victim fine surcharges. The foreman of the four person crew, Darren Brookes, received a $3,000 fine and a victim fine surcharge of $900. Brookes is also required to complete a Supervisor Safety Training Program.

“We waited for over two years for this process to be completed and while we were hopeful that at minimum the company would be held accountable to a greater degree, the court decided that the cost of two young lives lost is nothing more than $128,000 in fines,” Moffat said, adding this is merely “pocket change” to a company of that magnitude..

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According to the statement of facts read in court, the transmission tower had not been properly secured and there was negligence on behalf of the site supervisor to ensure it was. The company’s standard procedure requires a thorough inspection of the anchor to ensure all above ground elements have been properly installed. Any deficiencies must be reported and no further action taken until the issues are dealt with. Moffat explained as a grieving mother, all she really wanted was for the company to rescind their previous statement that her son Jared and Tim McLean deviated from procedure.

“Jared was not the type of person to do things that he didn’t question first. I know in my heart that he was up on that tower because he was told to be and no reason other than that,” she said. “Jared was proud of this company and of the work he did with them; it is disheartening that the company doesn’t share the same values and morals as their fallen employees.”

Jared Moffat was a talented musician, avid gardener and skilled fisherman. Most of all he loved his young son, Tucker. (Submitted photo)

Emergence response slowed by company negligence

While Moffat and McLean were tied to the structure that fell to the ground, and were declared deceased on site by emergency medical workers, the investigation by Occupational Health and Safety found emergency response was “significantly” impaired by the condition of, and the signage to, the access road to the work site. Both the RCMP and the ambulance had trouble locating the entrance to the road.

And when it was located, the RCMP cruiser that initially responded could not make it to the site and had to wait for a larger, higher vehicle to attend. Two ambulances responded and one became stuck and had to helped by a local fire department.

“We will never have closure, our hearts will always yearn for our son, and our days will forever be filled with this constant ache in our hearts. I only hope that in the future, this company holds the safety of their employees in the highest regard and that all supervisors are properly trained so that no one else has to experience what we have,” Moffat said.

Forbes Bros. Ltd., was initially charged with seven OHS violations, but entered guilty pleas to three, including failure as an employer to ensure the health and safety of workers by ensuring the area where they were working was accessible for medical responders in the event of an accident. The company also entered guilty pleas in failing to provide proper training and supervision, as well as ensuring occupational health and safety program included written work procedures appropriate to identify and address hazards and work activity in the workplace.

For his part, Darren Brookes entered a guilty plea in failing as a supervisor to ensure the health and safety of his crew.

Response from the contractor

Newfoundland and Labrador Hydro, the principal contractor, was also charged with one count of failing to ensure that an employer and workers comply with the OHS Act 3 and Regulations. paNOW was provided with a statement from the company.

“Hydro’s top priority remains the safety of all of our employees and contractors. This was a tragic incident, which we take extremely seriously. Hydro’s court appearance is scheduled for August and will be able to provide further information at that time,” the statement said.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell