News Summary

J. Cote & Son Excavating has been fined $575,000 after being found guilty of criminal negligence that resulted in the death of one worker and the injury of another during a trench collapse in Burnaby, British Columbia in 2012. The company was ordered to pay restitution for the out-of-pocket medical costs of the injured worker, Thomas Richer, and was found to have neglected proper safety procedures, training, and oversight. The incident highlighted the company’s failure to recognize the risks associated with trench work and to respond to ambiguities in engineering assessments. Since the incident, J. Cote & Son has implemented a rigorous safety program and holds a Certificate of Recognition from WorkSafeBC. The case is notable as it is the first B.C. criminal negligence case involving construction to go to a full trial.