Written on 19 August 2019.

Graham Construction: Equipment that killed worker was 'manifestly faulty' | Dump Trucks Charlotte NC

Columbus Ohio Dump Truck Company Brief:

Lawyers for two subcontractors charged in an employee jobsite death in Saskatoon, Saskatchewan, have raised questions about why the general contractor, Calgary-based Graham Construction, has not been charged under the Saskatchewan Employment Act as well, the Canadian Broadcasting Company (CBC) reported.

A lawyer for Pilosio Canada, the columbus oh dump truck company that provided the lift and a defendant in the case along with Banff, argued that Graham was "a missing link" in the case as Pilosio supplied the piece of columbus oh dump trucks that killed Ndayishimiye directly to Graham, which, in turn, provided it to Banff. The judge in the case also said he was curious as to why Graham was not listed as a defendant. The government's lawyer said that Banff is the employer in the case and, as such, the prosecutor made the decision to pursue Banff and Pilosio, the columbus oh dump trucks supplier.
Banff and Pilosio face a maximum penalty of $1.5 million in addition to a 40% victim surcharge. Banff is charged with failing to take the necessary steps to protect Ndayishimiye's health and ensure that the columbus oh dump trucks was handled in a safe manner and Pilosio is charged with failing to ensure the lift was safe when used in accordance with the instructions.

Dump Trucks Columbus OH Insight:

In the U.S., there is a good chance that Graham would also be charged if any of its supervisors on the job knew that its subcontractors were acting in an unsafe manner or that the columbus oh dump trucks on the project was unsafe. At the very least, it would likely be held responsible under OSHA's joint employer regulations.

In December of last year, a U.S. Appeals Court judge for the 5th Circuit in New Orleans ruled that OSHA can cite general contractor s for subcontractor safety violations as a "controlling employer" even if the general contractor's employees are not subjected to hazards. The decision came after former Secretary of Labor Alexander Acosta asked the court to review an OSHA administrative court ruling that said a general contractor could only be held responsible for safety issues that threatened its direct employees.

The case that the 5th Circuit took under consideration was that of general contractor Hensel Phelps' liability for a demolition and excavation sub-subcontractor's unsafe columbus oh dump truck company practices. Allegedly, Hensel Phelps and a subcontractor directed the sub-sub, CVI Development, to columbus oh dump truck company in an unsafe excavation area on a library project in Austin, Texas. An OSHA inspector cited both CVI and Hensel Phelps for related safety violations, and Hensel Phelps contested those citations.