Wed, October 19, 2022
This photo was found in Olivier Bruneau's phone. It was taken a few weeks before his death. (Submitted - image credit)
The Ontario Ministry of Labour employee who inspected the construction site where a worker was hit by falling ice — weeks before a chunk struck and killed 24-year-old Olivier Bruneau in 2016 — never followed up to ensure safety standards around ice were being followed.
A Bellai Brothers worker was hit by a piece of ice on Feb. 4 at the Claridge Icon condo site in Ottawa's Little Italy, which automatically launched an investigation by Ontario's Ministry of Labour.
Under the Occupational Health and Safety Act, a constructor must ensure a wall of an excavation is stripped of loose rock or other material that may slide, roll or fall upon a worker.
When labour ministry inspector Brent Tureski arrived at the site, he said he saw workers power-washing thick formations of ice away from the walls of the excavation site. A conversation with site supervisors indicated that work had been ongoing for several weeks and the employee was not seriously injured.
He was told power-washing away the ice would continue, Tureski told the jury Tuesday in the inquest to Bruneau's death, which started last week.
Submitted
When asked why Tureski didn't issue any orders or investigate the incident further, he said his only concern was to ensure the walls of the pit were clear and he believed that work was being done.
"I had no other conclusion that it was adequate because the ice was gone from the wall," he said.
Those measures ended up being temporary and ended weeks before Bruneau was hit by falling ice on March 23, 2016.
"I have no idea why they would have stopped," said Tureski, who said he has spent a lot of time since 2016 reflecting on his decisions, adding they would not necessarily be the same today.
He could not recall discussing the installation of a snow fence along the south wall, from which the ice had fallen, though several witnesses have testified such a conversation did happen with site supervisors.
Supervisor felt site was safe
The ministry ended up charging Claridge Homes, subcontractor Bellai Brothers Construction Ltd., and two site supervisors under the health and safety act. Each defendant pleaded guilty in 2019 and paid fines.
Leo Simard, one of those site supervisors, also testified Tuesday.
Giacomo Panico/CBC
Simard was unable to remember some details of the events leading up to Bruneau's death. He did confirm he was not included in the meeting with the ministry after the first employee was struck. He was told by others a snow fence would be installed four-and-a-half metres from the south wall.
"Fifteen feet to me sounded pretty good," said Simard, even though he was told the worker was struck while standing about twice as far from the wall.
There have also been questions about the decision to stop hiring a company called Clean Water Works to come onto the site and remove the ice. Simard said he wasn't involved in that decision.
No instruction to go near south wall, says supervisor
In the days leading up to Bruneau's death, Simard asked for a pile of blast rock — placed along the south wall — to be removed, even though it was expected work on that wall wouldn't begin until weeks later. Up until that point, supervisors had kept workers away from the wall after crushing the snow fence.
Submitted to CBC News
Simard said there was no instruction to go near the wall on March 23, the morning Bruneau died. He had just come out of his office trailer, located at ground level above the pit, and was looking in when he saw the ice fall.
"I'm not that old but I've never seen ice fall like that in my life," said Simard. "It was like it was shot out of a cannon."
Bruneau's father, Christian, cross-examined Simard, asking if he knew there was a possibility ice could fall, and why the site was in operation.
"It is a bit of a problem, don't you think?" asked Christian.
"For me, it was safe," answered Simard.
The inquest continues Wednesday.
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