An incident that left one man dead at an Airdrie work site in 2019 has been resolved five years later.
The contracting company, Volker Stevin Contracting Ltd. and a supervisor, Michael O’Neill, were convicted of multiple offences under the Occupational Health and Safety Act on April 11, 2024. Sentencing is yet to take place.
Habtom Abraha, a Calgary construction worker who worked for Volker Stevin, was killed on Oct. 2, 2019, while conducting a routine inspection of a storm drain catch basin on a residential street in Airdrie.
Abraha was crouched over the storm drain when he was hit by a company pickup truck. The 38-year male was killed instantly, stated RCMP at the time.
Michael O’Neill, a utilities foreman and supervisor at Volker Stevin, was operating the pickup truck that fatally struck Abraha.
“The events of October 2, 2019 were tragic not only for Abraha, his family and friends, but also for O’Neill,” concluded the judge. “I have no doubt that if he could change the events of that day he would.”
According to court documents, O’Neill and Abraha arrived at the site and parked the company’s Ford F-550 truck in front of a private driveway beside the storm drain.
While O’Neill remained on a phone call in the truck, Abraha got out, grabbed his tools, and began inspecting the storm drain in front of the truck. Then, the homeowner arrived and opened his garage door.
O’Neill was distracted by the call, compounded by the fact he did not want to inconvenience the homeowner trying to get into his garage, stated court documents.
“This resulted in O’Neill moving the vehicle without concerning himself with safety generally, and Abraha’s safety in particular,” stated Justice J. D. Williams's ruling. “While each of these distractions is understandable, they do not negate that a 'reasonably practicable step' that a supervisor should take to fulfill their obligation to a worker in their two-man crew is to ensure the worker’s location is known before moving the vehicle.”
O’Neill, testifying he didn’t know work had begun, drove the truck forward about two metres, striking Abraha who sustained lethal fracture injuries to his skull.
Justice Williams stated O’Neill would not have been able to see Abraha crouched down in front of the truck that was evidenced to have a large blind spot on the front passenger corner.
O’Neill immediately called 911. Police on scene stated O’Neill was obviously traumatized.
The judge had no doubt that he had not intended to hurt Abraha that day.
Volker Stevin was charged nearly two years later in 2021 with 26 charges, while two supervisors also faced charges. Since then, legislation changed with eight charges remaining for Volker Stevin and three for O’Neill.
Safety concerns
The court ruled the company had failed to create a visual control zone where a vehicle is not to drive.
Justice Williams found that O’Neill parked the truck where he did for the specific purpose of using it as “a shield” from oncoming traffic so they could complete the inspection.
It was not the work truck on its own that created the hazard which resulted in Abraha’s death, but the utilization of the work truck as a safety device, “a shield” and leaving it running while in close proximity to workers conducting work that created the hazard, Justice Williams stated.
“I have found nothing in Volker Stevin’s materials to suggest that they had provided workers with instructions as to how utilizing the truck as a shield may be done safely,” Justice Williams ruled. “No policy stipulated that the vehicle must be turned off and keys removed from the ignition before work could begin.”
O’Neill’s failure to perform a fundamental safety check led directly to the tragic accident, the documents stated.
Lawyers for the defendants stated it was not the responsibility of the defendants to protect Abraha. Instead, they argued, it was Abraha’s responsibility to conduct his work in a manner which did not place him in harm’s way.
The crown stated this argument was akin to victim blaming, and argued that both Volker Stevin and O’Neill were culpable. They in their different roles were required to ensure that work being completed on worksites was done in a safe manner by workers who were competent to complete said work, and appropriately trained to do so, the crown stated.
The court agreed.
“Workers, of course, have some responsibility for their physical, psychological and social well-being while working,” Justice Williams said. “However, to suggest this responsibility is the first that should be considered after a workplace incident fails to recognize that there are many aspects of workers’ employment and its safe conduct that they cannot control but which are controlled by their employers.”
Convictions
Volker Stevin was found guilty on four counts, while O’Neill was found guilty on three counts.
The court convicted O’Neill of failing to take necessary precautions as a supervisor and as a fellow worker to protect Abraha, holding him accountable for the oversight that led to his death, as well as moving a vehicle that put a worker in danger.
Volker Stevin was convicted of failing to ensure that Abraha was beyond the range of powered mobile equipment while working and permitting a part of powered mobile equipment to create a danger to a worker, Abraha, allowing him to remain within the range of the equipment.
They were also found guilty of failing to sufficiently or adequately train employees in work around catch basins and powered mobile equipment and failing to ensure O’Neill was trained in the safe operation of equipment he was required to operate, but these convictions were stayed.
As of press time, sentencing had not been completed.
