An Alberta pipeline construction company has been fined $350,000 in the death of a man who was fatally injured at a work site in west-central Alberta nearly three years ago.
Gerry Kennard was killed on March 5, 2022, when preparing a pipelayer sideboom for transport off-site in Edson, about 190 kilometres west of Edmonton.
According to court documents, Kennard was standing on top of the tracks at the entry to the open cab of the machine, a Caterpillar D4H, when the pipelayer drive mechanism engaged.
The vehicles are designed to lay pipe during construction work and are usually equipped with large mechanical masts or cranes that overhang the side of the machine.
Kennard was pulled between the moving track and the lower support arm of the side boom, resulting in fatal injuries.
His employer, Excel Projects Ltd, has been ordered to pay $350,000 in penalties.
The operator, sentenced last week in the Edson Court of Justice, pleaded guilty to a single count under the Occupational Health and Safety code for failing to ensure an operational control on equipment could not be activated unintentionally.
The Crown withdrew 19 other OHS charges. Excel Projects has not responded to a request for comment.
the company and the Crown have up to 30 days to file an appeal.
‘Forever loved and missed’
A portion of the fines will be used as part of a creative sentence that will establish a pair of scholarships in Kennard’s memory.
Creative sentences laid in OHS prosecutions direct penalties that would otherwise be paid as fines toward organizations or projects that promote workplace safety.
Of the total fine, $225,000 will be used by Olds College to establish the Gerry Kennard Memorial Safety Award scholarship for its heavy equipment operator program.
An additional $120,000 will be provided to Portage College to fund a similarly named scholarship for its heavy equipment operator program.
Students in both programs must demonstrate a strong safety attitude and culture to qualify for the scholarships, OHS officials said in a statement.
Kennard’s relatives could not be reached for comment.
His obituary said Kennard’s death left his family to mourn the loss of a beloved brother, son and uncle who will be “forever loved and missed.”