Three years after Liam Johnston's tragic death, the company that employed him has pleaded guilty to failing to ensure his health, safety, and welfare under Alberta's Occupational Health and Safety Act. This case highlights the devastating consequences of inadequate supervision and safety measures in dangerous excavation sites. The company, Mr. Mike's Plumbing, faced 11 charges, but the court accepted their guilty plea to one, with the others withdrawn. The incident occurred on June 8, 2023, in Calgary's northwest community of Charleswood, where Johnston was buried alive in a trench collapse while working as a lead hand on an excavation project.
The project was particularly hazardous, involving a sloped site with deep lines and strict instructions not to damage the homeowner's retaining wall. On the day of the incident, the crew supervisor unexpectedly left the site due to a personal matter, leaving Johnston as the senior worker. He contacted the company owner, Mike Brock, to alert him to the difficult excavation, which had reached a depth of 19 feet, far beyond the average 10 feet for such projects. Brock attended the site and instructed the crew not to enter the trench until it was properly shored.
However, the trench was not properly shored, and the supervisor's lack of concern about a dangerous photo sent by Johnston's coworker just minutes before the collapse is concerning. Johnston, aware of the dangers, texted the supervisor that the dig was 'too deep' just before his tragic demise. The collapse occurred as Johnston climbed down a ladder into the trench, and it took Calgary Fire Department crews 12 hours to reach his body.
The medical examiner ruled Johnston's death as traumatic asphyxiation. An expert report revealed that the excavation should have used vertical cuts with a shoring system or been widened with marginally sloped walls and a portable trench box. The company's failure to implement and enforce safety measures, including proper shoring, led to the tragic incident. Mr. Mike's Plumbing agreed to pay $215,000 to the University of Alberta's Injury Prevention Centre and a $115,000 fine as part of a joint sentencing proposal.
This case serves as a stark reminder of the importance of proper supervision and safety measures in dangerous excavation sites. It is crucial for companies to prioritize the health and safety of their workers, especially in high-risk environments. The loss of Liam Johnston's life is a tragedy that should prompt a reevaluation of safety protocols and a commitment to preventing similar incidents in the future.
