Nova Scotia company fined $80,000 after worker dies in scaffolding collapse

PICTOU, N.S. -

A Nova Scotia excavation company has been fined $80,000 after a worker died when scaffolding collapsed on one of its job sites.

In a decision released Wednesday, a Nova Scotia provincial court judge in Pictou, N.S., found the failure by Blaine MacLane Excavation Ltd. to ensure scaffolding was properly installed led to the 2020 death of Jeff MacDonald, a self-employed electrician.

The sentence was delivered after the excavation company was earlier found guilty of an infraction under the province's Occupational Health and Safety Act.

Judge Bryna Hatt said in her decision she found the company "failed in its duty" to ensure that pins essential to the scaffolding's stability were present at the work site.

Her decision said MacDonald was near the top of the structure when it collapsed on Dec. 9, 2020, though the exact height is unknown.

The judge said that though the excavation company did not own the scaffolding present on its job site, there was no evidence the company took steps to prevent injury, which is required under legislation.

MacDonald's widow testified during the trial that she found her husband's body at the job site after he didn't pick up their children as planned and she couldn't get in touch with him over the phone.

Julie MacDonald described in her testimony how she knew her husband had died upon finding him due to her nursing training, and that she waited alone in the dark for emergency responders to arrive after calling for help.

"My words cannot express how tragic this accident was for her, the children, and their extended family," Hatt wrote in the sentencing decision.

"No financial penalty will undo the damage and harm that has been done, or adequately represent the loss of Mr. MacDonald to his family, friends, and our community."

In addition to the $80,000 fine, the New Glasgow-based company must also pay a victim-fine surcharge of $12,000 and provide $8,000 worth of community service to non-profits in Pictou County.

This report by The Canadian Press was first published Oct. 23, 2024.

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