Alberta OHS investigation continues; no charges laid
Emergency workers have recovered the body of a contract worker who died in January when the heavy equipment he was operating sank into muskeg at Suncor Energy's Fort Hills oilsands mine. Alberta Occupational Health and Safety is still investigating.
Kenneth Joseph MacAulay, 66, of Souris, P.E.I., died on Jan. 13 at the open-pit mine north of Fort McMurray, Alta., CBC News reported on Oct. 16. He worked for Command North Construction Group Ltd., Alberta OHS confirmed in February, COS reported.
Suncor confirmed to CTV News that the recovery took place last week. MacAulay's family told CBC it learned of the recovery on Tuesday, Oct. 13. "Recovery has remained our top priority with continuous efforts underway since the event," Suncor spokesperson Tara Weber said in an email to CBC.
Recovery operation
"These activities were technically and operationally complex, and we needed to ensure the safety of response personnel at every stage," Weber added.
COS reported in January that Suncor hired a private industrial dive team to search for the contractor, with RCMP assisting. In February, RCMP Cpl. Matthew Howell told COS that "until the body is recovered, we won't be able to actually confirm identity." In the same report, COS said family and community members identified the missing worker as MacAulay.
In April, CTV News reported it was still unclear whether the body had been recovered. "Three months after this worker's death, no one can confirm whether their body has even been recovered," Alberta Federation of Labour president Gil McGowan said at the time.
Investigation and regulatory requirements
No charges have been laid, according to CBC. In April, OHS told CTV it must complete its investigation and determine next steps within two years of the incident date, which would be Jan. 13, 2028.
In January, Suncor said there were indications the incident may have resulted from a medical event, The Canadian Press reported. Suncor did not respond to follow-up questions from COS about that statement at the time. The AFL has urged the province to ensure police investigate all workplace fatalities, COS reported.
Alberta's OHS Code includes requirements on hazard assessment (section 7), emergency response plans (section 115), working on ice (section 195) and powered mobile equipment (Part 19). No provision has been publicly cited in the MacAulay case.
Previous incidents
Earlier fatalities at Fort Hills include a worker run over by a vehicle in 2019, whom CBC identified as Jonathan Murphy, and two contract workers killed in December 2020 when their pickup truck collided with a bulldozer.
Suncor had at least 12 workplace deaths at its sites between 2014 and 2022, The Canadian Press reported.
On Jan. 13, 2021, contract worker Patrick Poitras, 25, drowned when the bulldozer he was operating broke through the ice of a tailings pond at Suncor's base plant. Of 28 charges laid, most were dropped against Suncor and its contractor, and each company pleaded guilty to one count in 2023.
