Worker crushed at Saint John metal scrapyard delivering one of his final loads, inquest hears

CBC
Tue, October 10, 2023

The ball of fencing AIM crane operators use to sweep out trailers weighs hundreds of pounds, estimated WorkSafeNB manager of investigations Michel Cyr. (WorkSafeNB/Submitted - image credit)

A truck driver who was killed at a metal recycling plant in Saint John nearly two years ago was delivering one of his final loads when he was crushed, a coroner's inquest heard Tuesday.

Bruce Legace, an employee of Deschenes Drilling, died at American Iron and Metal (AIM) on the city's west side on Nov. 24, 2021.

The inquest into his death got underway at Saint John Law Courts Tuesday morning with jury selection.

The three women and two men, along with presiding coroner Michael Johnston, will hear evidence from witnesses, to determine the facts surrounding his death.

The court heard from nine witnesses, including Justin Richards, the AIM crane operator who unloaded Legace's trailer around 9 a.m. on the day in question.

Richards, who had been working for AIM for about eight months at that point, said he used the grapple to scoop the scrap metal out and dump it onto the ground to be screened by an inspector for hazardous materials, such as propane tanks.

Once the trailer was almost empty, he scooped up a large ball of chain-link fencing used to sweep out any leftover pieces or debris. The ball of metal fencing is estimated to weigh several hundred pounds, the court heard.

Richards, who was initially hired as a loader operator, said he swept the trailer "10 or more times," then asked an inspector to confirm the trailer was empty. The trailers are more than 10-feet deep, so operators have a very limited view of the inside from their cab, he explained.

The inspector Greg Godin "told me I had to work on the inside wall," said Richards, who completed a heavy equipment operator's course and previously worked in construction for about 10 years.

"I proceeded to raise my cab and turned towards the trailer. And that's when I seen the person," he said, fighting back tears, referring to Legace lying on the ground, behind the trailer.

'No clear procedure' for location of drivers

A WorkSafeNB investigation found there was "no clear procedure" on where drivers should be during offloading, said Michael Cyr, manager of investigations. Some stayed with the inspector, but there wasn't always an inspector, he said. Some stayed in their cab, but their trucks move around quite a bit while being offloaded, and they feared injury. Others stood outside. "There wasn't a consistent practice."

The investigation determined Legace had entered the trailer to shovel it out while it was still being unloaded, said Cyr. Drivers were supposed to sweep their trucks at another location, away from the heavy equipment, he said.

Just five days earlier, Legace had signed new site safety rules put in place by AIM, which included wearing a high-visibility vest, hard hat and boots, and never walking or standing under equipment, such as an articulating boom, loader or forklift.

Operations at American Iron and Metal in west Saint John, the site of two workplace fatalities seven months apart, are now suspended pending an investigation into a massive fire at the plant on Sept. 14. (Julia Wright/CBC )

The paperwork was found in his truck; he hadn't returned it yet, but he had been to AIM more than 100 times since 2017, Cyr said.

Legace was getting ready to retire, according to AIM scale clerk Ali McGrath. "I think that was one of his few last loads," she said.

"He just kind of seemed like he was just excited, ready to go. Not rushing, but just ready to leave."

AIM inspector Mike Lacelle, who had checked Legace into the plant that day before leaving him with Godin for a few minutes, said Lagace told him he was "getting ready to park the truck for the winter. This was his last trip."

Video shows Legace enter trailer during offloading

A security video played in court showed Legace enter a door to his trailer around 9:05 a.m. About seven minutes lapsed before he was discovered under the pile of debris, "crushed," said the WorkSafe NB official.

Only one leg was visible, Cyr said.

Inspector Lacelle said he returned to the scene to find Richards "in distress." He was running, saying, "I buried him. I buried him. I think I killed him," he said.

Lacelle, who had only worked at AIM for about eight weeks at that point, immediately tried to dig Legace out and others soon arrived to deliver first aid.

The inquest is scheduled to continue until Thursday. (Roger Cosman/CBC)

Primary care paramedic Chris Oakley said he and his partner arrived within six minutes of being called. Firefighters were already on scene and performing CPR, he said.

Legace suffered head trauma, including a severe laceration to his scalp, multiple crush injuries to his chest, a left arm fracture, bruising from his abdomen almost to his knees, and cardiac arrest caused by trauma, said Oakley.

He was transported to the ambulance, where they continued to perform CPR and he regained a pulse.

"We were pretty excited about that," said Oakley.

But his heart stopped again within moments. Legace was pronounced dead at the Saint John Regional Hospital at 10:07 a.m.

Enhanced safety now

AIM production supervisor Wesley Pratt said site safety has "buckled down quite a bit" since 2021.

All contractors are required to go through an orientation before they can proceed to the scales or unload, he said.

Drivers must also remain in their truck during unloading.

The coroner asked what the consequences are if a driver doesn't. Pratt said he's not sure. "I don't think we've had any get out of their truck."

WorkSafeNB recommended charges

WorkSafeNB had recommended the Crown lay charges against AIM. The workplace safety organization alleged the company failed to ensure the health and safety of truck drivers and failed to have a safe procedure for drivers to enter trailers after they were unloaded.

But the Crown's office did not accept the charges because it found there was no reasonable chance of conviction.

A trial in the death of another AIM worker is slated for March 2024. AIM has pleaded not guilty to four workplace safety charges in connection with the death of Darrell Richards, 60, in June 2022.

Richards was injured while cutting into a calender roll with a saw in order to prepare it for recycling. A calender roll is a large cylinder, typically made of steel and sometimes covered in fibre, used to press paper and plastic.

When Richards cut into it, it decompressed, lacerating his leg and causing bleeding, his daughter-in-law said at an AIM-organized news conference.

Operations at AIM remain suspended pending an investigation into the massive Sept. 14 fire that prompted a shelter in place order due to the hazardous smoke.

A coroner's inquest is not a criminal procedure and does not involve a finding of guilt or responsibility, but the jury will have the opportunity to make recommendations to prevent deaths under similar circumstances in the future.

Johnston told the jury the purpose of the inquest is to determine who the deceased was; and how, when, where and by what means he came to his death. They should disregard anything they may have heard or read prior to the inquest, he said, and any findings or recommendations should be based solely on the evidence presented in court.

The inquest resumes Wednesday at 9 a.m. Three days have been set aside.