Quebec 2018 – R. v. Fournier
Worker buried: His boss convicted of manslaughter
April 2012
Fatal accident
- Sylvain Fournier and his employee Gilles Lévesque dig a trench in front of a Lachine residence to connect a water line.
- The two men are standing at the bottom of the trench, whose sides had not been shored up as required by the Act respecting occupational health and safety.
- Landslides in the trench walls completely bury Lévesque. Fournier is trapped to the waist.
- Help arrives but it takes a long time to free Lévesque who dies of craniocerebral trauma.
- The accused’s behaviour was an illegal action, a clear breach of the obligations stated in the Safety Code for the Construction Industry.
Judge’s findings
- Sylvain Fournier had not followed the regulations designed to protect his employees.
- The accused’s behaviour was an illegal action, a clear breach of the obligations stated in the Safety Code for the Construction Industry.
- According to an expert, Fournier’s work method was not safe, prudent or reasonable: the slopes of the excavation were too steep; no system was used to shore up the sides of the trench to prevent it from crumbling; and the excavated material was piled up too close to the trench.
- The situation was called “scary” by an inspector of the Commission des normes, de l’équité, de la santé et de la sécurité au travail.
- The judge concluded that, given the reported conditions at the worksite, the risk of bodily harm was « obvious ».
Sept. 2018
Verdict
- The Court of Quebec, Criminal and Penal Division, sentenced Fournier to 18 months in prison.
- It was a first in Quebec in the area of occupational health and safety.