No criminal charges for plumbing company after fatal trench incident in Calgary

On June 3, a tragic workplace incident claimed the life of 27-year-old Liam Johnston, an apprentice plumber employed by Mr. Mike’s Plumbing in Calgary. The young worker was performing sewer repairs in the Charleswood area when the trench he was working in unexpectedly collapsed, burying him under a significant amount of earth. Emergency responders worked tirelessly for hours, but Johnston was pronounced dead at the scene. The lack of a trench box, a critical safety measure during excavation work, has drawn attention to the circumstances surrounding this incident.

As the investigation unfolded, Calgary Police Service (CPS) reviewed the evidence to determine whether any criminal charges should be filed against the company. However, on Friday, the CPS announced that there was insufficient evidence to support such charges. This decision has left Johnston’s family and friends grappling with their grief while questioning the accountability of Mr. Mike’s Plumbing.

Details of the incident and its aftermath

Witnesses reported that at approximately 10:45 a.m, Johnston was engaged in work at a depth of three to six meters in an unprotected trench. The Calgary Fire Department, which responded to the accident, noted the absence of a trench box, which is designed to protect workers in the event of a cave-in. In order to safely recover Johnston’s body, rescue teams had to deploy an excavator, delaying retrieval efforts by several hours.

Safety measures and previous concerns

The importance of a trench box cannot be overstated. The Canadian Centre for Occupational Health and Safety defines it as a temporary structure that prevents collapses, thus safeguarding workers from potential hazards. Following the incident, former colleague Jon Malley expressed his concerns about site safety, revealing that he had requested a trench box prior to the accident, warning management that it was only a matter of time before a tragedy occurred.

Despite these warnings, the CPS concluded that the evidence did not warrant criminal charges against Mr. Mike’s Plumbing. This determination has left many, including Johnston’s girlfriend, Emily Gofton, feeling frustrated and disheartened. In a statement, she expressed disbelief, stating, “We believe that this situation warrants serious charges to be laid.” Gofton emphasized that had different decisions been made by the company, Johnston might still be alive today.

Legal ramifications and ongoing charges

Although the CPS did not find grounds for criminal charges, Mr. Mike’s Plumbing still faces 11 charges under Alberta’s Occupational Health and Safety (OHS) Act. These include failing to ensure worker safety, neglecting proper stabilization of the excavation site, and not providing a safe working environment. The company has pleaded not guilty to all charges, and trial dates have been set for June and July.

Family’s pursuit of justice

Johnston’s family has attended every court appearance related to the case, vowing to advocate for his memory. Gofton shared her resolve, saying, “We just feel it’s our responsibility to advocate for Liam and to ensure that he didn’t die for nothing.” She hopes that the ongoing legal proceedings will shed light on the systemic safety failures that led to this tragic loss and prevent future incidents from occurring.

This case highlights a troubling reality within the construction industry, where the safety of workers can often be compromised. Gofton’s determination to seek justice for Johnston is not merely about closure for their family; it is a call for improved safety standards to protect future workers from similar fates. The lack of criminal accountability, coupled with ongoing safety violations, raises serious questions about the culture of safety within the industry.

In conclusion, while the Calgary Police Service has chosen not to pursue criminal charges against Mr. Mike’s Plumbing, the company still faces significant legal challenges related to the safety of its operations. As Johnston’s family continues to seek justice, the tragic events of June 3 serve as a stark reminder of the importance of workplace safety and the need for companies to prioritize the well-being of their employees.