Judge says worker was likely intoxicated when he fell from roof
A legal ruling in Nova Scotia has cleared a foreman of charges in relation to the tragic death of Brandon Alcorn, a 22-year-old labourer, at a Dartmouth, NS, construction site after finding the young labourer to be under the influence of drugs before his death.
Jeff Gooch, formerly a foreman at Insulated Panel Structures, was working at the Dartmouth Crossing construction site in March 2018 when Alcorn fell from the Kent Building Supplies store that was under construction. He died from his injuries, and Gooch was charged for negligence in December 2019.
Justice D. Timothy Gabriel, who released his ruling on January 4th, said Alcorn was likely intoxicated when the fall occurred. Alcorn was wearing a safety harness, but it was found unanchored to the roof, Crown prosecutor Alex Keaveny noted.
Court findings
Toxicologist Jennifer Swatek testified at the trial that Alcorn's blood taken before his death contained traces of delta-carboxy THC and delta-9 THC, the latter of which has been described as psychoactive material associated with cannabis use.
“At page 2 of the report, she describes it as the active ingredient found in marijuana. She describes the drug as a ‘DEA schedule one hallucinogen. Pharmacologically, it has depressant and reality distorting effects,’” Gabriel noted in his ruling.
Dr. Neal Sutton, who Gabriel described as a medical consultant to a number of large employers, said before the court that there is no acceptable level of delta-9 THC in a worker's blood when performing tasks like working from heights.
Gabriel noted Sutton has described the drug to have impairing effects that can “negatively impact the user's balance, field of vision, and awareness of their surroundings."
“I accept Dr. Sutton's conclusion that it is more likely than not that Mr. Alcorn was intoxicated when he arrived for work on the morning of March 13, 2018,” Gabriel said in his ruling.
“Even if I had concluded that failing to ensure that each member of the IPS crew was tied off while performing their job tasks on that date was ‘an act or omission that was the accused's legal duty to do,’ I would have been left in significant doubt that such was the cause of Mr. Alcorn's unfortunate and tragic death.”
A CBC News report said Alcorn had been measuring and cutting lengths of blueskin, a weatherproofing membrane, for the structure for two coworkers, including Gooch. He fell off the roof just minutes after arriving at work. Dana Munroe, another coworker, said before the court that Alcorn had been doing the same job the day before but never noticed him walking back any further than was necessary.
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