HCL Site Services fined $100,000 for worker’s serious injury in trench collapse

Alberta excavating contractor HCL Site Services Ltd. has been fined $100,000 after a worker was seriously injured in a trench collapse at a worksite in 2022.

The case arose from an incident on 19 August 2022 at a sewer line restoration site in Viking, Alta. The worker was seriously injured after a partial trench collapse.

The employer pleaded guilty on Nov. 20 in the Sherwood Park Court of Justice to one count under the Occupational Health and Safety (OHS) Act for “failing to ensure the health and safety of a worker. The Crown withdrew five other counts,” according to the Alberta government.

The fine includes the victim fine surcharge.

Both HCL Site Services and the Crown have up to 30 days to appeal the conviction or penalties.

“Alberta’s OHS laws set basic health and safety rules for workplaces across the province. They provide guidance for employers to help them ensure their workplaces are as healthy and safe as possible while providing rights and protections for workers,” noted Alberta.

The government added that “charges under OHS laws may be laid when failing to follow the rules results in a fatality or serious injury.”

The Alberta government also noted that sentencing documents for the case are not available from the responsible ministry. “Jobs, Economy, Trade and Immigration does not provide sentence documents. These are available through the Sherwood Park Court of Justice,” it said.

No additional details were released about the nature of the worker’s injuries, the trench conditions, or any orders or conditions imposed beyond the fine.

Trenching and excavation hazards

Working in trenches and excavations is hazardous to both the workers who work inside them, and to workers on the surface, according to the Canadian Centre for Occupational Health and Safety. The hazards include:

• Cave-ins or collapses that can trap or crush workers.
• Equipment or excavated soil falling on workers (e.g., equipment is operated or soil and debris are stored too close to the excavation).
• Falling into the trench or excavation.
• Flooding or water accumulation.
• Exposure to a hazardous atmosphere (e.g., gas, vapour, dust, biological contaminants, or lack of oxygen).
• Contact with buried service lines such as electrical, natural gas, water, sewage, telecommunications, etc.
• Contact with overhead electrical lines.
• Slips, trips and falls as workers climb on and off equipment, or from inappropriate access and egress methods.
• Being struck by moving machinery, or by falling or flying objects.
• Hazards related to materials handling (e.g., lifting, struck by, crushed between, etc.).

According to the CCOHS, employers and supervisors in charge of excavation and trenching work must identify and control all relevant hazards before work begins. They should:

• Identify the soil type(s) related to the excavation or trench you are going to dig. Soil properties often vary widely within a single trench (e.g., the soil type changes from top to bottom and along the length of a trench).
• Look for the legislative requirements that apply in your jurisdiction and the type of protective measures to be taken.
• Locate all buried services. Contact the owners of any underground utilities/services that may be in that location and ask them to identify and mark the location.
• Identify and locate overhead power lines.
• Make sure these services are de-energised as necessary.
• Know all of the contact numbers of these services if there is an emergency.
• Check areas near the site for potential hazards and sources that can impact the stability of the soil. Be aware that nearby vehicles and equipment can cause the soil to vibrate and then collapse.
• Determine if nearby buildings or structures and their foundations may put pressure on the soil and affect the walls of the trench.
• Test for hazardous gas, vapours and dust before entering.
• Test for oxygen levels in the space before entering, and during the work as required.
• Plan appropriate organisation of the work site, and good housekeeping practices including moving debris and excavated soil far enough away from the excavation site.
• Remove water from the excavation.
• Protect workers from falling into the excavation.
• Identify appropriate personal protective equipment including high-visibility apparel for vehicular traffic and make sure every worker wears them as required.
• Have a worker above ground when a worker is working in the trench to warn those in the trench of danger and to provide emergency help.
• Determine if the trench is considered a confined space . If so, do not allow workers to enter the trench until the requirements of the organization’s confined space program  are met, including entry permits and training.
• Prepare work permits for work in confined spaces, as appropriate.
• Have a means of exit provided from the inside of the trench, usually no more than 8 m (25 ft) away from any worker in the trench.
• Plan for adverse weather conditions (e.g., hot or cold environments, storms, etc.).
• Prepare an emergency plan and rescue procedures.
• Keep first aid equipment at the site.
• Educate and train workers about all existing and potential hazards and risks, and appropriate safety measures.