Twenty-one-year-old Eric Ndayishimiye died at the construction site of the Children’s Hospital of Saskatchewan on July 21 after an industrial lift fell on him.
A trial for two companies accused of being responsible for the death of a 21-year-old labourer working on the Children’s Hospital construction site three summers ago has begun in Saskatoon provincial court.Banff Constructors Ltd. is charged, under the Occupational Health and Safety (OHS) Act, with failing to make arrangements for the use, transport and handling of trolleys in a manner that protects the health and safety of workers, resulting in the death of a worker. The company is also charged with failing to provide information, instruction, training and supervision necessary to protect the health and safety of workers, resulting in the death of a worker.A table cart fell and crushed Eric Ndayishimiye while he was working on the ground floor of the Children’s Hospital of Saskatchewan — now called the Jim Pattison Children’s Hospital — on July 21, 2016.According to an agreed statement of facts, Ndayishimiye died minutes after he got to the hospital from multiple blunt force injuries to his chest, neck and head. He worked for Banff Constructors Ltd. — an Alberta-based subcontractor on the project. Graham Construction was the prime contractor.Pilosio Canada Inc., which supplied the cart, is also on trial, charged with “failing to ensure, insofar as is reasonably practicable, that any plant supplied by the supplier to any owner, contractor, employer or worker for the use in or at a place of employment is safe when used in accordance with the instructions provided by the supplier and complies with the requirements … resulting in the death of a worker.”After learning the trial judge had possibly heard prejudicial information during a case management meeting last summer, Pilosio’s lawyer requested a new judge and the trial was adjourned until Monday afternoon.The judge-alone trial entered into a voir dire, or admissibility hearing, to determine if statements given by another worker to an OHS officer can be admitted as evidence. The worker had returned to Ireland when he was subpoenaed to testify, court heard.Kelvin Kliewer, the OHS officer who conduced an inspection on July 21 and July 22, 2016, audio-recorded an interview with the worker, which was played in court. In it, Kliewer said the man told him the cart fell over when he removed a bottom pin to allow the structure to move more freely. Under cross-examination from Banff’s lawyer, David Myrol, Kliewer said he wasn’t sure how many pins the man said he removed. Court heard the Pilosio table cart was used to raise moulds for concrete formation. Kliewer said he issued a stop-work order because he was concerned that the pins found on the ground near the fallen cart were different than the pins on the cart.Kliewer told Pilosio’s lawyer, Jonathan Frustaglio, that he did not give the worker a verbal warning before starting the interview, and that the statements were not given under any kind of oath.In an earlier interview, Graham Construction’s vice-president said Ndayishimiye had only been working for Banff Constructors for about six months. Friends said he was pursuing an acting career when he was killed on the job.Ndayishimiye’s father was in court but declined to speak with firstname.lastname@example.org/breezybremcRelated