'It was a foot of steel separating life and death'
A judge in the New Brunswick city of Fredericton has fined the city $5,000 plus a victim fine surcharge after a municipal worker was pinned in a composting machine in August 2024, according to a report.
The incident occurred at the city’s compost facility, where equipment is used to separate dirt from solid material, Global News reported.
An agreed statement of facts presented in court – cited by the publication – said city employee Michael Gibson climbed into a machine to push debris into the feeder with a metal bar.
While he was inside the machine, the hydraulic tipping grid closed, trapping him. The Crown told the court that a spacing post prevented the grid from coming fully down on Gibson, reducing the severity of his physical injuries, Global News reported.
Worker injured, Crown calls event a ‘near miss’
Co-workers responded quickly, with one freeing Gibson while another called 911, according to the report. He was transported to Dr. Everett Chalmers Regional Hospital and released with bruising. A victim impact statement filed with the court said he was also emotionally affected by the incident.
Prosecutors argued that the outcome could have been significantly worse. During the sentencing hearing, Crown lawyer Jeffrey Hutchin described the case as a near miss, telling the court “it was a foot of steel separating life and death,” according to Global News.
The Crown sought a $6,000 fine, citing the high potential for serious injury or death. The court heard that the incident involved hazardous motion in a machine to which a worker had physical access while it remained capable of movement.
OHS offences and regulatory response
In February, the City of Fredericton pleaded guilty to two offences under New Brunswick’s Occupational Health and Safety Act. The charges related to failing to properly provide information to ensure employees’ health and safety, and failing to ensure a machine was properly cleaned.
Defence lawyer Chantelle Godier requested a $2,500 fine, pointing to the city’s quick guilty plea, its cooperation with authorities and safety improvements implemented after the incident. These post-incident measures were noted in submissions but not detailed in open court.
In her decision, the judge said that while Gibson’s injuries were minor, they “could have been a lot worse or could have even resulted in death,” Global News reported. WorkSafeNB declined an interview, but a spokesperson said in an email that the organisation believes the parties have the best interest of worker safety at heart, according to the report.
A spokesperson for the City of Fredericton told Global News that the municipality has complied with two orders issued by WorkSafeNB following the incident. The city stated it “is committed to providing a healthy and safe workspace” for its employees.
