Inquest recommends better scaffold education after worksite death

A corners inquest jury has recommended more accessible education on the building and use of scaffoldings following the death of a Fredericton construction worker who fell to his death in 2021.

The two-day inquest into the death of Preston Allen concluded Tuesday afternoon. The jury determined that his death was accidental after suffering blunt force injuries to the right side of his head after falling 8.5 metres at a residential building site on Brighton Court on Dec. 6. 2021.

Michael Cyr of WorkSafe NB told the inquest Allen was one of four employees working on the site. There was a mix of snow and rain that day, he said, causing most of the employees to work inside, but Allen was the lone person working outside, at the back of the house.

WorkSafe’s investigation also found the scaffolding planks had become slippery, and an employee would sweep and salt the planks every 10 minutes.

The inquest heard that Patrick McMahon was passing materials to Allen through the window, and when he went down the stairs, he heard a scream, and after looking out the window, he saw Allen on the ground. He was taken to hospital but later died.

Cyr said the site, run by New View Designs by Laurie Cole, had several safety violations, particularly related to the scaffolding.

He said scaffolding three metres or higher must have some sort of fall protection system in place, such as harnesses or rails. This site had neither, the investigation found, and the scaffolding itself was not attached to the house, and lacked a stairway.

Cyr said Allen also did not have training in regards to scaffolding.

New View Designs was charged following the investigation. Cyr said the company later pleaded guilty to failing to provide the instruction necessary to ensure an employee’s health and safety under the Occupational Health and Safety Act. It was fined $25,000, with an additional $5,000 going to victim services.

Cyr said there are some job sites WorkSafe may never visit due to capacity, what’s happening at the time, and visits can come down to the frequency of complaints.

Cole told the inquiry that his coworker had qualifications for CPR, fall protections, and first aid.

“We are a small company, so we are like family, so I want everyone to be safe,” said Cole.

Cole said since Allen’s death, the company has revamped its safety procedures, including a new orientation package that employees are required to go through, a binder on site that notes of any risks, or dangers, and adopted a supervisor safety assessment, a tool they adopted from WorkSafe NB, and do regular safety meetings.

Cole said it also requires sub-contractors to adhere to safety conditions. She said she would never ask anyone to work in unsafe conditions.

The jury recommended educating new and existing companies/employers by offering resources and consulting services, and that WorkSafe NB ensure an adequate number of qualified inspectors are dedicated to construction sites, using permit data to determine appropriate work sites for inspection.

It was also recommended that WorkSafe perform a minimum number of random or unannounced site inspections, and to establish a relationship with provincial/regional construction safety associations to effectively communicate to employers and employees easily accessible online education on the basics of erecting and using scaffolding.