American Iron and Metal has pleaded guilty in connection with the death of a worker at its Saint John scrapyard in 2022, and to an unrelated safety charge stemming from an incident at the Point Lepreau nuclear plant in 2021.

The company was scheduled to go to trial on both charges in March, but during a pre-trial conference in Saint John Friday, Crown prosecutor Wes McIntosh advised provincial court Judge Claude Haché the parties had reached an agreement.

AIM was facing four charges under the Occupational Health and Safety Act in the death of Darrell Richards, 60.

Richards, a married father of three, died in hospital on July 1, 2022, after being injured at the west side scrapyard the day before while cutting into a calender roll with a circular saw.

Calender rolls are used in paper production, said McIntosh. They're constructed of a metal shaft covered with approximately 250,000 sheets of cotton denim. The sheets are locked in place and under 2,600 tons of pressure. The rolls are 33 inches in diameter and weigh tens of thousands of pounds, he said.

When Richards straddled the calender roll and cut into it to strip the material from the metal shaft, "approximately 37,050 pounds of material under at least 1,500 tons of pressure released with enough force to send pieces of material several feet in the air and disperse across the job site," said McIntosh.

 

Family wants AIM ‘held accountable’

Duration 0:46

- Bessie Collins, widow

Bailey read an impact statement aloud in court on behalf of Richards's wife of 43 years, Bessie Collins, who has cancer.

"No words that I can speak can equal all the pain, loss and suffering I have felt in his 582 days since his death," wrote Collins.

"Darrell and I had finally gotten to the time of our lives where we would start and enjoy everything we had worked so hard to build together," such as his Harley and their camp, their "little slice of heaven."

He "worked damn hard" and "should be hunting and fishing or playing golf," wrote Collins.

Instead, he has been "ripped away."

"AIM failed to keep him safe so he could come home to me. I pray this never happens to another family."

 American Iron & Metal vice-president for the eastern region Michael Cormier attended the hearing Friday but declined to comment. (Graham Thompson/CBC)

Richards's aunt Irene Owens said he was always Collins' anchor when hard times came and she wished he could be here for her now.

"He truly was the other half of her. He once told me nothing would ever make him leave her. His death was the only thing he didn't see coming," she said.

Owens described Richards as someone who always had a big smile and a hug for everyone, and "always left you feeling better about yourself."

"I'm quite sure he never met a stranger, just a friend waiting to happen," she said.

Richards's sister, Vanessa Richards-Stone, said he was a remarkable person — caring, compassionate and a "pillar of strength" for the whole family.

"His memory will forever be cherished and his absence will forever be felt."

He had an innate capacity to make others feel valued and understood, an uncanny ability to find joy in even the most simple things, and a knack for diffusing tense situations with a well-timed joke, said Richards-Stone.

"Safety was always paramount to Darrell, and he approached every aspect of his life with the highest regard for it … Whether it was following safety guidelines at work or simply reminding loved ones to take care of themselves, Darrell was relentless in his commitment to safeguarding those he cared about and worked with," she told the court.

Outside court, Bailey agreed. "He was the epitome of safety. I couldn't even mow my lawn without wearing safety goggles. If he was around me, he would say, 'Where's your safety goggles? Get those on, girl.'"

Truck burned to the ground

AIM also changed its plea to guilty of failing to keep unqualified employees from working closer than 3.6 metres to a powered utility line in Maces Bay on Dec. 3, 2021.

An AIM truck driver steered the boom, or extendable arm, into high-voltage power lines while lifting a can containing scrap metal onto the truck, said McIntosh, reading from an agreed statement of facts.

No one was injured, "but they could have been," he said. The vehicle burned to the ground, the line was damaged and power was knocked out for about three hours.

AIM did not have a code of practice or procedure at the time for work being done in close proximity to electrical utility lines, the court heard.

Bursary proposed instead of fine or jail time

The workplace fatal charge carries a maximum fine of $250,000, up to six months in jail, or both, while the maximum penalty for the Point Lepreau incident is a fine of $250,000.

But the Crown and defence lawyer Jessica Bungay jointly recommended "alternative sentencing" instead — the establishment of a workplace-safety focused bursary of $107,000 at the New Brunswick Community College in Richards's name, as part of a 30-day probation order.

As Richards was a member of a visible minority, they recommended that the student recipient also be a member of a visible minority, with a demonstrated commitment to workplace safety.

The judge questioned the public perception of the lack of words, such as fine or penalty or punishment.

AIM is scheduled to be sentenced on Feb. 14 at 9:30 a.m. (Roger Cosman/CBC)

"It's the same amount of money coming out of AIM's pocket, it's just what we do with it," replied McIntosh. "Do we put it in the general budget," by ordering AIM to pay a fine, "or do we direct it in a way that helps rectify this from happening in the future? And that's what we're aiming at."

The Darrell Edward Richards Bursary would help train young people, said McIntosh, "and hopefully those young people will be trained in ways that make their own workplaces safer in the future."

It's "well within the range of appropriate sentences," he said, citing case law. He also pointed to the company's guilty plea as a mitigating factor, because it spared the court a "complex and lengthy trial," and spared the family the trauma.

Haché has reserved decision on sentencing until Wednesday at 9:30 a.m.

Richards's family supports the bursary proposal, according to his daughter-in-law.

It's "absolutely incredible to know that out of something so tragic that at least we will be able to keep his name alive, his memory, and that people will learn, you know, from this tragic mistake, this tragic accident, and you know, something good could come out of this," Bailey said.

"At the end of the day, nothing will bring Darrell back. It doesn't matter what is said, what penalty … is put on the company, it will never bring him back. We just want to make sure that something like this never happens to another family, that another wife doesn't lose her husband, or their father, you know, and that companies are held accountable when they do not protect their employees."

AIM vice-president for the eastern region Michael Cormier was present for the hearing, but declined to comment.

Bungay told the court the company acknowledges a workplace fatality is "the most severe harm that can occur" and is "deeply regretful."

The New Brunswick government is currently inspecting AIM's scrapyards in Saint John, Moncton and Fredericton to see if they're now in compliance with the fire code.

They were among 10 sites issued compliance notices following inspections prompted by a massive fire at the Saint John scrapyard Sept. 14 that burned for two days and resulted in a city-wide shelter in place order because of hazardous smoke.

Operations in Saint John have been suspended since then and the provincial government subsequently revoked the company's licence for the Saint John scrapyard.

A jury has come up with seven recommendations at the inquest into the death of a truck driver at American Iron and Metal in Saint John two years ago.

Bruce Lagacé, 48, an employee of Deschênes Drilling, was crushed at the metal recycling plant on Nov. 24, 2021, when his trailer of scrap metal was being unloaded by an AIM crane operator.

A WorkSafeNB investigation found Lagacé had entered his trailer using a door by the cab and the crane operator, not seeing him, continued to use a large, heavy bundle of chain-link fence to sweep out any debris.

The jury recommends drivers not stay in their vehicle during offloading.

Instead, drivers should remain in a designated safe area until a site employee indicates it is safe to return to their vehicle, the jury said.

The cleaning process should also be completed at a designated cleaning area.

Upon arrival at a site, a receiver should ensure the customer has signed updated safety procedures and protocols, and there should be a clear procedure for communicating any transfer of duties, the foreperson said on behalf of the five-member jury.

In addition, the jury recommends safety procedures be reviewed periodically by a third party and updated when needed, and there should be punitive measures for safety infractions.

Recommendations, not orders

Coroner Michael Johnston will deliver the recommendations to the relevant agencies to review and act upon. They will have six months to respond, he said.

Johnston noted they are recommendations only — not orders, but he will include any responses — or lack thereof — in his annual report.

A coroner's inquest is not a criminal procedure and does not assign guilt or responsibility, he stressed.

Lagacé's family did not attend the inquest. The coroner's office was in contact with them in preparation for the inquest, "however they decided they were not going to attend because it would be too difficult to relive the situation," Johnston told reporters.

Coroner Michael Johnston, at right, pictured with Crown prosecutor Patrick Wilbur, said coroner services speaks for the dead to protect the living, and inquests help satisfy the community 'that the circumstances surrounding the death of one of its members will not be overlooked, concealed or ignored.' (Graham Thompson/CBC)

He publicly offered his condolences to the family and thanked the jurors for their diligence.

The jurors heard evidence from 13 witnesses over two days and delivered their recommendations after deliberating for about three and a half hours.

"As coroners, we deal with death every day and it can be hard on us as well. I can only imagine what it's like for folks like you that don't deal with it every day," Johnston said.

"So just please know that it can weigh on your mind. It can be heavy," he said, encouraging the jurors to reach out for help if they need it.

'Non-survivable injury'

Earlier Wednesday, Saint John Regional Hospital ER physician Matt Greer testified staff rushed to prepare space, equipment and other resources for the arrival of Lagacé. But he was pronounced dead within six minutes.

Lagacé had no vital signs, his rib cage was "non-existent," and he had already been receiving CPR for at least 30 minutes, he said.

The ER team quickly determined Lagacé had a "non-survivable injury" and Greer declared his time of death as 10:07 a.m. — roughly one hour after AIM security video showed Lagacé enter his trailer.

The ball of fencing AIM crane operators use to sweep out trailers weighs hundreds of pounds, estimated WorkSafeNB manager of investigations Michel Cyr. (Submitted by WorkSafeNB)

The pathologist who conducted the autopsy, Dr. Ather Naseemuddin, said Lagacé's upper spine was also severed and his lungs, lacerated. His injuries were "incompatible with life."

A toxicology screening found no illicit drugs or any drugs that would suggest impairment, said Naseemuddin.

He ruled the cause of death was multiple blunt force injuries to his head, chest and abdomen.

Employer suggests padlock on trailers

Gilles Deschênes, the owner of Deschênes Drilling, described Lagacé as a good, reliable employee. Lagacé, who was previously an entrepreneur, got into trucking 12 or 15 years ago and had worked for him for about two years, he said in French through an interpreter.

He was knowledgeable about trucks and the only employee responsible for transporting scrap metal to Saint John, said Deschênes, who testified via video conference.

Normally, Lagacé took about three loads a month, but around the time of his death, it jumped to three or four a week because Deschênes was cleaning out his yard before winter, when it's more expensive to transport and sort, the jury heard.

Lagacé never shared any concerns about safety procedures regarding the unloading of material at AIM, Deschênes said.

This rear view of Lagacé's trailer shows the debris that was still in it, which the crane operator was trying to remove, when Lagacé was crushed. It also shows the door near the cab he used to enter the trailer, unseen by the crane operator. (Submitted by WorkSafeNB)

Deschênes Drilling hasn't made any deliveries to AIM since Lagacé's death. "We were getting short on material," he explained.

But the company is currently in talks with AIM to recommence, he said.

There have been no discussions about the company's new site security procedures. "We're not there yet, we're only to monthly prices," Deschênes said.

He hasn't discussed what happened to Lagacé with his employees, he said, but intends to tell anyone who takes over deliveries.

Deschênes suggested a padlock on trailer doors upon arrival on-site should be considered to improve safety.

22 safety orders issued at AIM since death

In the two years since Lagacé was crushed to death at American Iron and Metal, WorkSafeNB has issued 22 orders to the company to fix health and safety issues at its scrap metal plant in Saint John, manager of investigations Michel Cyr, who was recalled to testify Wednesday, told the jury.

The workplace safety organization has also repeatedly offered to send a group of its consultants to help AIM develop its policies, procedures and directives since Lagacé died, he said. 

But, "as of 10:30 this morning, I confirmed with the director, there has never been an acceptance."

After Lagacé's death and other incidents at AIM, WorkSafeNB decided to step up its inspections at the scrap metal plant to once a month, said Cyr. With a limited number of inspectors and roughly 15,000 assessed workplaces in the province, they can't monitor every one, but "higher-risk" sites are typically visited once or twice a year, he said.

AIM has had "several incidents," including a few cases with trials pending, said Cyr, without elaborating.

WorksafeNB had 10 meetings with American Iron and Metal in 2022 and each time offered the company the help of a group of consultants to develop site safety procedures and protocols, but AIM has never accepted, said manager of investigations Michel Cyr. (Graham Thompson/CBC)

In 2022, WorkSafeNB issued 11 orders to AIM to "remedy some situations," he said.

"And this year we're up to 11 orders as well."

Crown prosecutor Chris Titus did not ask Cyr to describe the nature of those orders, or how many of them are outstanding, but he did note that if there were any "major issues," WorkSafeNB could issue a stop-work order.

Cyr agreed and added that if a company doesn't comply with an order, WorkSafeNB can "escalate" and proceed to prosecution. That hasn't happened, he said.

'Constantly improving'

AIM is "constantly improving on [its] health and safety measures," Michael Cormier, vice-president for the eastern region, testified.

For example, drivers were previously provided with a one-page site safety document to sign annually, he said. AIM now lays out the responsibilities of the drivers, operators and inspectors, which could be updated more frequently.

All contractors — not just drivers — must also complete site safety orientation, which covers everything from required personal protective equipment, to AIM's emergency response plan, as well as its harassment and violence policy, said Cormier.

AIM's new site safety rules in 2021, which were signed by Lagacé just five deaths before his death and found inside his truck, did not indicate drivers had to remain in their cabs during offloading, the jury heard Wednesday. (Submitted by WorkSafeNB)

In addition, AIM has doubled the number of safety advisors to four since Lagacé's death and restructured to have a local safety manager, instead of being based in Hamilton, Ont., he said.

Operators and inspectors still can't communicate with drivers on the company's internal radio system, said Cormier. But inspectors are supposed to keep drivers within their sight, drivers are supposed to remain in their trucks, and operations are supposed to cease if they don't.

AIM also has daily safety meetings, he said, and employees must carry "hazard awareness cards" on them at all times to ensure they stop before doing a task to consider the potential risks and come up with a plan.

Cormier testified before Cyr, and Crown prosecutor Patrick Wilbur did not ask him about the 22 orders issued by WorkSafeNB or the company's refusal to accept the help of consultants.

Although AIM employees testified Tuesday that an inspector was present when Lagacé's trailer was being unloaded, Cyr replayed the company's security video from that day and pointed out, "there's no inspectors around."

WorkSafeNB officials obtained audio statements in the days following Lagacé's death and were told "one inspector handled four or five trucks at a time," Cyr added.

American Iron and Metal Inc. is facing four workplace safety charges after the death of a 60-year-old worker at a west Saint John scrapyard.

In June 2022, Darrell Richards was injured on the job and later died in hospital. WorkSafeNB has reviewed Richards' death and found enough evidence to recommend charges against the metal recycling company.

The Crown has accepted those charges and is prosecuting AIM for allegedly failing to properly protect, train and inform Richards, and failing to make sure work is overseen by trained supervisors.

Richards was injured while cutting into a calender roll with a saw. A calender roll is a large cylinder, typically made of steel and sometimes covered in fibre, used to press paper and plastic. When Richards cut into it, it decompressed, lacerating his leg and causing bleeding, said his daughter-in-law at an AIM-organized news conference last year.

All four charges are under New Brunswick's Occupational Health and Safety Act. The first charge alleges that AIM failed to take every reasonable precaution to ensure the health and safety of Richards. The second alleges it failed to provide information on the hazards of handling and disposing of a calender roll.

The third alleges AIM failed to provide the information that is necessary for health and safety, and the fourth alleges it failed to ensure that work is competently supervised and that supervisors have sufficient knowledge.

If found guilty, each charge carries a maximum fine of $250,000, a maximum of six months in jail, or both.

WorkSafeNB spokesperson Laragh Dooley provided details of each charge. Because the incident is now before the courts, she said "we are unable to release the report and cannot comment further." 

There were no public notifications about the charges. They were officially laid in late February, Dooley said.

The American Iron and Metal facility at 145 Gateway Street in west Saint John. (Julia Wright/CBC)

Richards was the second worker to die on the job at AIM in a seven-month period, causing an outcry from local politicians and residents. The first worker, who was never publicly identified, died after getting swept out of a truck bed by a crane wielding a large ball of metal fencing used to clean out small debris.

WorkSafeNB recommended charges against AIM in the death of the unidentified man, but the Crown rejected those charges because there was no reasonable chance of conviction.

AIM signed a 40-year-lease for its scrapyard with the Port of Saint John in 2002 and has since been the site of fires and dozens of loud explosions. Mayors, a member of Parliament, and community members have called for AIM's licence to be suspended. 

A WorkSafeNB investigation found enough evidence to recommend a charge against American Iron and Metal after a worker was swept to his death at the west side Saint John plant, but the Crown will not be pursuing it.

The workplace safety organization recommended the Crown lay a charge under the Occupational Health and Safety Act, alleging that AIM failed to ensure the health and safety of truck drivers, and failed to have a safe procedure for drivers to enter trailers after they were unloaded.

WorkSafeNB spokesperson Laragh Dooley said after reviewing the recommendation, the Crown determined that "there was insufficient evidence to give a reasonable probability of conviction."

The unnamed worker was the first of two workers to die at the AIM plant within seven months. The investigation into the death of the second worker, Darrel Richards, is still going on.

Crane operators at American Iron and Metal use a ball of fencing held in a crane grapple to sweep out trailers. (WorkSafeNB/Submitted)

The WorkSafeNB investigation found that the worker died because he entered the trailer while it was still being unloaded and was swept away by a crane wielding a large ball of metal fencing used to clean out small debris.

AIM has an internal policy that no trailers should be loaded or unloaded while truck drivers are outside their cab. But the investigator found video evidence between Nov. 8 and Nov. 19 that shows drivers outside of the cabs during unloading, one even helping the crane operator attach a magnet.

The report said AIM did not have a written procedure that was specific to how trucks are processed and unloaded. The investigator found workers did things differently depending on who's on shift.

"Some employees indicated that the drivers are to always remain in their vehicle, while some said if the driver prefers to wait outside their vehicle, they are to remain in front and not wander around during operation," the report said.

The worker who died entered the trailer through the small cab-side door, the report says. (WorkSafeNB/Submitted)

AIM also has general written guidance for outside contractors that prohibits leaving the cab or entering the trailer during unloading. However, AIM was unable to provide a record that the deceased man's company received or signed the document.

"There is no evidence that indicates Deschenes Drilling ever received this contractor's orientation," the report said.

Dooley said since the death of the worker, AIM has corrected the lack of written safety processes for truck drivers.

"This new safety procedure for truck drivers was reviewed by WorkSafeNB and found to comply with legislative requirements," she said.

American Iron and Metal CEO Herbert Black declined to comment Tuesday.

When asked why there was insufficient evidence for a reasonable probability of conviction, Department of Justice spokesperson Judy Désalliers said "The facts and circumstances of this particular case, as investigated and as presented to the Crown prosecutor, did not support the laying of a charge."

In the emailed statement, Désalliers said the Crown will only follow up with WorkSafeNB and suggest additional work if it furthers the charge.

"However, if the facts do not support that action, then the file is considered closed," she said.

Crane operator did not realize driver was inside trailer

On Nov. 24, 2021, the unnamed worker was delivering scrap metal to the recycling facility for Deschenes Drilling. 

An AIM employee operating a crane began offloading the trailer. The operator first used crane grapples to move large scrap metal and then a "wire brush," a ball of galvanized steel fencing held in the grapple, to sweep the trailer.

A video viewed by the investigator shows the worker entering and exiting the cab of the truck, and moving around the driver and passenger side. It also shows him gesturing toward the crane.

At around 9 a.m., the worker climbed into the trailer. The report did not say why. The crane operator did not see the worker enter the trailer, the report says, because he was turned away. 

Cranes are used to unload trailers of scrap metal delivered to the American Iron and Metal facility. (WorkSafeNB/Submitted)

The operator dropped the wire brush on the ground and appeared to be finished with sweeping, the report says.

For approximately two minutes, while the worker was in the trailer, the operator used the grapples to move a few pieces around on the ground.

Then the crane operator picked up the ball of fencing to rake out the trailer again, and swept the worker out of the trailer into a pile of scrap.

The report said there is no radio communication between the truck driver and the crane operator, and the operator cannot see the floor of the trailer from the crane cab.

The operator continued sweeping the trailer for several minutes, stopping only after noticing the worker's legs under a pile of scrap, the report said.

The worker died in hospital, the report says.

"There were no witnesses to the incident other than the operator who did not see [redacted] enter the trailer," the report says.

AIM's offloading procedures, some not followed

According to the report, AIM has internal procedures to inspect certain loads because of concerns about some scrap containing explosive materials. Procedure says any unapproved loads should be unloaded to the ground and spread out for easier searching, and this was the case for Deschenes Drilling loads. 

The investigator found that this policy, which does prohibit loading or unloading while drivers are outside the cab, is not circulated to drivers or outside companies, only internally.

The external contractor orientation document also included guidance about leaving the cab during unloading, but AIM wasn't able to prove this document was provided to Deschenes Drilling.

AIM also has another document titled Site Safety that's given to all drivers entering the facility on the west side. 

"This document is very general in nature and does not provide any specific instructions related to how the unloading process will unfold," the report says.

The worker who died did receive the document and signed it on Nov. 19, "but it was not returned to AIM."

One worker interviewed also said there are times when the drivers will inspect their own trailers if the yard is short on inspectors. But in these cases, the grapple would be lowered to the ground. 

However, videos from Nov. 8 and Nov. 10 shows a driver climbing behind his cab onto the trailer while the grapples are in the air. 

"In both these instances, an inspector is present, observing the behaviour," the report says. 

"Video evidence does suggest that [the deceased worker] was familiar with the procedure for moving his truck away from the unloading area to clean sweep his trailer."

American Iron and Metal pleaded not guilty Monday to a workplace safety charge stemming from an incident at the Point Lepreau nuclear plant late last year.

AIM is facing a charge of failing to make sure all employees carrying out work are qualified.

The case follows an incident on Dec. 3, 2021, in Maces Bay, in which a boom, or an extendable arm, of a truck carrying recyclable materials came in contact with high-voltage lines.

WorkSafeNB spokesperson Laragh Dooley previously said no one was injured.

Lawyer Dawson Harrison appeared on behalf of the metal-recycling company and entered a not guilty plea.

The case has been adjourned until Nov. 25, when lawyers will discuss trial dates.

According to the act, if found guilty, the company could face a maximum fine of $250,000.

No charges in 1 of 2 deaths at AIM

AIM has been under scrutiny for several years because of explosions at its west side scrapyard next to the harbour in Saint John, and because of deaths at the site.

Most recently, this July, employee Darrel Richards died from workplace injuries, the second person to die on the job at AIM within seven months.

The first person, who died in 2021, has not been publicly named. Dooley said Friday that WorkSafeNB completed its investigation into the incident.

"The Crown concluded that there were no prosecutable offences under the Occupational Health and Safety Act or regulations and therefore no charges will be laid," she said in an email.

The investigation into Richards's death continues, she said.

The charge related to the Maces Bay incident alleges AIM failed to make sure that "an employee who is not a qualified person does not carry out any work that is liable to bring any person or object closer than 3.6 [metres] to an energized electrical utility line."

With the case before a court, no one from WorkSafe can be interviewed, Dooley said.

A Saint John metal-recycling plant is going to court after an employee steered an arm of a truck into power lines at the Point Lepreau nuclear power plant.

Representatives from American Iron and Metal Inc. are scheduled to appear in Saint John provincial court Monday to answer to a charge of failing to make sure all employees carrying out work are qualified.

The charge falls under the provincial Occupational Health and Safety Act. The charge sheet filed with the court says the case stems from an incident on Dec. 3, 2021, in Maces Bay, where the boom, an extendable arm, of a truck carrying recyclable materials came in contact with high-voltage lines.

AIM has been under scrutiny for several years because of explosions at its west side scrapyard next to the harbour in Saint John, and because of deaths at the site. Most recently, this July, employee Darrel Richards died from workplace injuries, the second person to die on the job at AIM within seven months.

The charge related to the Maces Bay incident alleges AIM failed to make sure that "an employee who is not a qualified person does not carry out any work that is liable to bring any person or object closer than 3.6 m to an energized electrical utility line."

WorkSafeNB spokesperson Laragh Dooley said in an email no one was injured.

"Since this is currently before the court, we will not be conducting an interview," Dooley wrote. 

She said WorkSafeNB continues to investigate the July fatality at the AIM facility. 

Dooley has not yet responded to a question about whether the investigation has concluded in the case of the first AIM fatality in November 2021.

Dooley said the WorkSafeNB investigation into the Point Lepreau incident started in December and ended on Feb. 25, 2022, and the charge stems from the findings of the investigation.

She said WorkSafeNB did not issue a stop-work order regarding the December 2021 incident.

According to the act, if found guilty, the company could face a maximum fine of $250,000.

Reached by phone Thursday, Herbert Black, the CEO of American Iron and Metal, said he's on holiday and does not know of the charge and therefore would not have a comment.

"I have no idea at the moment. You're catching me at a bad time," he said. 

When asked if there was another spokesperson or anyone knowledgeable of the incident who could comment, he said he did not know.