American Iron and Metal sentenced for role in 2022 death of Darrell Richards

American Iron and Metal (AIM) has been officially handed their sentence for the company’s role in the 2022 death of Darrell Richards at its Saint John waterfront scrapyard.

Judge Claude Haché handed down the sentence on Wednesday morning at the Saint John Court House following a pre-trial conference on Feb. 9.

The fatal workplace charge normally comes with a maximum fine of $250,000, six months in jail, or both.

During the pre-trial conference, crown prosecutor Wes McIntosh and AIM’s lawyer Jessica Bungay jointly recommended an “alternative sentencing” that would see the creation of a $107,000 scholarship at the New Brunswick Community College (NBCC) in Richards’ name. Judge Haché agreed, deeming the alternative sentence appropriate and fair.

AIM was facing four charges against the Occupational Health and Safety Act, only pleading guilty to one charge of failing to take every reasonable precaution to ensure Richards’ health and safety during the pre-trial conference.

The remaining three charges were withdrawn by the crown during sentencing. Those charges included failure to train Richards on the risks associated with the work and a lack of supervision from trained supervisors during the incident.

The Darrell Edwards Richards Bursary would be awarded to a visible minority that is enrolled full time at NBCC that demonstrates financial needs, and has shown a commitment and understanding to workplace safety. Judge Haché said the amount of awards will be determined by NBCC based on the earnings of the endowed fund.

Richards’ family read impact statements during the pre-trial conference, where Richards was described as someone who can “light up the room with a smile.”

Some members of the family were on hand for the sentencing and declined to comment on camera. However, they admitted they are happy to have the ordeal concluded.

AIM vice-president for the Atlantic region, Michael Cormier, also attended the sentencing but declined to comment to reporters.

Alternative sentences

Michael Murphy is a litigation lawyer in Moncton and is also the former justice minister of New Brunswick. He says these types of alternative sentences aren’t uncommon, and he understands this was the right outcome for this situation.

That being said, Murphy admits to wanting to see changes in the Occupational Health and Safety Act to lead to stronger penalties for repeated offences to mitigate future incidents.

“Where you have the loss of a life and the company responsible has a well-documented culture of disregard for community standard or safety, I would think the province would want to see an escalation of penalties and reprimands,” Murphy says.

“Where it gets to a point where a company becomes vigilant, at the very least paranoid vigilant, in being safe. For the future I am not sure this type of sentencing would be much of a deterrent.”

Initial injury

Richards was injured on June 30, 2022 when cutting on a calendar roll with a circular saw to strip the shaft of its metal. Approximately 3,750 pounds of material under at least 1,500 tons of pressure released sending debris several feet in the air and across the job site. The release caused a deep laceration of Richards’ groin area severing his femoral artery causing a major amount of blood loss.

Crews on site quickly rushed to perform first aid before he was transported to the Saint John Regional Hospital. The 60-year old married father of three passed away early the next morning.

The rolls came from an AIM owned facility in Maine, who were aware of the dangers associated with this type of work and had implemented health and safety measures to combat them. Judge Haché said that, while a protocol exists for communicating hazards associated with materials shipped between the two sites, there was no clear procedure for sharing health and safety practice or concerns.

Additional sentencing

AIM was also sentenced for an unrelated incident that occurred on December 3, 2021, near Maces Bay, when AIM sent a pair of drivers to the Point Lepreau nuclear generating station to drop and collect collection cans for scrap metal. The vehicle burned to the ground after the truck’s boom, or extendable arm, came too close to power lines causing the electrical arc and ensuing blaze.

No injuries were reported in that incident.

Since both of the incidents, AIM has implemented several safety protocols at their sites, notes Judge Haché, including proper health and safety training and daily inspections to identity risks.

The scrap metal company’s operations at its yard on Port Saint John property remain suspended, after a massive fire on September 14 that covered the city in a thick layer of toxic smoke for 24 hours.

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