Death of a worker: a contractor guilty of manslaughter

Photo courtesy
Sylvain Fournier, Contractor

Michael Nguyen

Thursday, 1 march 2018 11:33

UPDATE
Thursday, 1 march 2018 11:33

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A construction contractor has just been found guilty of manslaughter for having failed to secure a trench, causing the death of a worker.

“The risk of injury was obvious, patent,” said judge Pierre Dupras, at the palais de justice of Montreal.

Sylvain Fournier, 57 years old, remained impassive as a learner this decision with heavy consequences. The widow and daughter of the deceased worker, have breathed a sigh of relief in addition to shed a few tears.

“My father, Gilles Lévesque died in appalling conditions, exploited, deplored Karine Gallant just after the verdict. It’s been six years, it was really long. He would have celebrated his birthday in two days… At least, there will have been justice.”

Photo courtesy

Gilles Lévesque, Who Died

The tragedy, which claimed the lives of Mr. Lévesque occurred in April 2012 in a construction site set up to replace a sewer line. But in order to make this work, it was necessary to dig a trench.

However, the safety rules are strict for this kind of work. And Sylvain Fournier, the owner of the company, is making a mockery of these rules, concluded the court. This has caused a landslide, injuring Mr. Fournier and killing Mr. Lévesque.

The fire department arrived promptly on the spot, but the situation was too dangerous for the rescue themselves, so well that it took until the arrival of a specialized team.

“[A captain] has to actually install the panels, as the trench would have been able to assign from one moment to the other,” recalled the judge.

Another witness at the trial, has called the situation “épeurante” saying that she would “need an immediate stop of the works”.

Strong Message

Fournier was forbidden to any fault in the pleading that Mr. Lévesque was in charge of his own death, because of its behavior “unpredictable”. The judge rejected this thesis as well as the version of the accused.

It would be the first time that a contractor is guilty of manslaughter for negligence that cost the life of a worker. In the past, however, it has already happened that a manager is held responsible for damage by omission.

“It sends a strong message to all employers in Quebec,” said the prosecutor to the Crown Sarah Laporte.

The director-general of the FTQ-Construction, Yves Ouellet, recalled that the employers have the obligation to ensure the safety of workers.

“It seems to me that it’s not rocket science, he told the Journal. It must be rule, all the tools are there, the security, it should always be safety.”

And if a lot of employers respect the rules, others turn corners, he says. Mr. Ouellet recalls, moreover, that 25 % of deaths in work-related concern of the employees of the building, while they only represent 5 or 6 % of the workforce in Quebec.

“It is necessary that the world understands that we don’t play Russian roulette with the workers”, he said.

Fournier, who has not commented on the verdict, will return to court in may for oral arguments on the sentence. It also has 30 days to decide if he wears his guilt on appeal.