Aquaculture firm ordered to pay $6,000 after fatal ladder fall

New Brunswick aquaculture company Kelly Cove Salmon has been ordered to pay $6,000 to a marine safety training program following a 2022 ladder fall that preceded the death of 24‑year‑old worker Zachary Dobbin.

The Cooke Inc. subsidiary pleaded guilty to failing to provide a safe means of access and egress under the Occupational Health and Safety Act, in relation to a June 20, 2022 incident at the Port of Bayside, the Penticton Herald reported. A second charge, alleging failure to take precautions to ensure the worker’s health and safety, was withdrawn at sentencing.

The $6,000 will go to CCNB’s L’École des pêches du Nouveau‑Brunswick in Caraquet for equipment to support safety training on boats.

Incident at Port of Bayside

Dobbin, of St. Joseph’s, St. Mary’s Bay, N.L., had been hired less than a month earlier and was working as a deckhand and ship’s cook on the Sadie Jane.

The vessel was tied up at a wharf where fixed ladders are “regularly used” to access boats. Crown prosecutor Wes McIntosh told court that “tidal fluctuation in the Bay of Fundy … can be significant,” and that at the time Dobbin was to disembark “the height at the tide… made the climb unusually challenging,” reported the Penticton Herald.

After confirming to the captain that he was comfortable using the ladder, Dobbin began to climb. “When Mr. Dobbin was approximately three rungs from the top of the ladder … he lost his footing and fell back onto the deck of the Sadie Jane, causing the laceration and fracture of his right leg, broken leg and fractured pelvis,” McIntosh said.

Dobbin later died in hospital from what was described as an allergic reaction to medication following surgery.

Investigation and safety controls

A WorkSafeNB investigation found the company “relies solely” on ladders for access to its large‑vessel fleet and that the wharf ladders posed a “notable risk” at low tide. Investigators concluded there was “no consideration given to tides when planning crew change,” even though Dobbin’s flight home was not until 8 p.m.

The report also noted that fall protection was not provided when climbs could reach six to nine metres.

Since the incident, the Sadie Jane now docks at a floating dock in nearby Reserve Cove “whenever possible,” and Kelly Cove has introduced more robust fall‑arrest requirements for wharf ladder use, additional training, and upgraded first aid kits.

Company and family responses

Defence lawyer Catherine Lahey told court she was “satisfied it was a fair sentence” and said the company is “taking it seriously, it's taken steps to ensure that an incident like this will not occur again,” adding “there was no inappropriate shortcut that occurred here.”

In a statement, spokesperson Claire Ryan said the company “considers the health and safety of its employees as its priority.”

Dobbin’s mother, Joanie Dobbin, said the circumstances were “unnecessary” and that the injury “never needed to happen.” Her message to employers in the sector: “In one split second a life can change, a life can be lost. Safety is an employer’s responsibility.”

Ladder safety

Here are some things employers should remind their workers when it comes to ladder use safety, according to the Canadian Centre for Occupational Health (CCOHS) and safety.

• Conduct a risk assessment when working at heights.  It may be necessary to use fall protection equipment  while working on a ladder.

• Check the load rating that is marked on the stepladder. The rating should cover the person's weight and the weight of tools that will be used. 

• Use a stepladder that is about 1 m (3 ft) shorter than the highest point you have to reach. This length of ladder gives a wider, more stable base and places shelf at a convenient working height.
• Check the ladder for racks, lose or corroded rivets, defective braces, or parts (including the slip resistant feet) that are in poor condition. Make sure it is free of grease or oil or other slippery substances.
• Open the stepladder spreaders and shelf fully and lock the braces.
• Check stability. Make sure that all ladder feet are on a firm, level, and non-slippery surface.
• Place a stepladder at right angles to the work, with either the front or back of the steps facing the work.
• Keep the stepladder close to the work.