Employer 'filed a civil claim to ensure that the legal process fully and fairly considers the roles and responsibilities of all parties involved'
After being charged with multiple violations of workplace safety laws in relation to a 2023 worker death, Algoma Steel has filed a $2 million case against the contractor involved in the same incident.
The Ontario-based steel producer is suing GFL Environmental in connection with the death of Damien Bryant.
Bryant—then aged 21—was working at the steel plant as a contractor for GFL Environmental when he lost consciousness while cleaning an out-of-service gas line. He later died in hospital.
“The individual asphyxiated in the coke oven gas main and was taken immediately to hospital where he was pronounced deceased,” Algoma Steel said.
In a statement to CTV News, the employer said: “Despite not being the direct employer of the individual involved, Algoma Steel is the only party that has been charged in connection with this incident.”
Photo from CTV News
OHSA charges
On May 2, Algoma Steel was charged May 2 under section 25 of the Occupational Health and Safety Act (OHSA), including one count of failing to provide information, instruction and supervision to a worker to protect the health and safety of a worker in a confined space.
The company was also charged with failing to ensure that the provisions of s. 4(2) of Ontario Regulation 632/05 were complied with and for failing to ensure that the provisions of s. 17 of Ontario Regulation 632/05 were complied with.
None of the allegations have been proven in court.
Now, the steel producer is seeking to ensure all parties who may be at fault are held liable.
“We are defending ourselves against these charges and have filed a civil claim to ensure that the legal process fully and fairly considers the roles and responsibilities of all parties involved,” Algoma Steel told CTV News.
GFL ‘required to indemnify Algoma’
In its lawsuit, Algoma Steel claims that GFL knew workers should never enter the confined space of the coke oven gas main because of the toxic air from the sludge, according to the report.
“Despite this, on June 12, 2023, one of GFL’s workers entered the coke oven gas main,” the lawsuit said.
The lawsuit also states that GFL “agreed to assume all liability under the Workers Compensation Act and carry public liability insurance with limits satisfactory to Algoma’s insurance department, as well as comply with all safety rules and regulations.”
The statement of claim states that GFL “is required to indemnify Algoma for all damages, losses, expenses and costs incurred as a result of the breaches of the purchase order.”
Algoma Steel is also asking that the trial be held in Sault Ste. Marie, according to CTV News.
