According to experts like James Mcray, Liam would still be alive had a trench box been in use.
So, let’s talk about workplace safety and how it can save your and your employees’ lives and specifically trench safety and how it could have saved Liam’s life.
Alberta’s Occupational Health and Safety (OHS) Regulations
It is your right and responsibility to be informed. If you are in the trades as an apprentice, journeyperson, and/or an owner, review the OHS regulations for your applicable trade.
If you are an owner - it is your legal responsibility to know the rules and provide proper safety equipment that allows the workers to do their job safely. If you do not provide the proper safety equipment it does not matter if your workers are informed, trained, or experienced. If you are COR certified, you are not protected should you not provide the proper safety equipment.
If you are an employee - know the regulations and report employers when they do not meet your safety needs.
Read the OHS regulations here:
Report unsafe work here:
Trench Safety and Liam’s Death
Liam was allegedly instructed to enter a trench that was reportedly 3-6 meters deep. This hole was on a slope with a retaining wall, one that the homeowners were allegedly concerned about failing from the beginning. The retaining wall collapsed on Liam.
There are specific regulations for trench safety for holes of this size:
456(1)
An employer must ensure that temporary protective structures in an excavation
(a) 3 metres deep or less are of sufficient strength to prevent the walls of the excavation from caving in or otherwise moving into the excavation, and
(b) more than 3 metres deep are designed, constructed, and installed in accordance with the specifications of a professional engineer.
456(2)
The specifications of a professional engineer for subsection (1)(b) must include
(a) the size and specifications of the structure, including the type and grade of materials used in its construction, and
(b) the loads for which the structure is designed.
456(3)
An employer must ensure that, before beginning an excavation, a foundation that may be affected by the excavation is supported by a temporary protective structure designed, constructed, and installed in accordance with the specifications of a professional engineer.
There were reportedly no engineers or trench box involved in the job site that Liam died on. It is alleged that the retaining wall collapsed on Liam because of those two factors.
Read more about the excavation and tunneling regulations in relation to trench safety:
A former employee alleges he warned Mr. Mike’s Plumbing about the need for a trench box and proper safety practices, months prior to Liam’s death
Jonathan Malley reportedly has text messages of his requests to upper management warning them about the lack of proper safety on their excavation sites.
Read more about Jon’s story and hear from experts that spoke on Liam’s case in the media - check out our News section!
Mr. Mike’s Plumbing Statement:
As seen in response to Google reviews on their Google page.
“Mr. Mike's Plumbing Ltd. is deeply saddened to report the passing of Liam who died while performing excavation work at a jobsite on Thursday, June 8. He was an outstanding individual and a valued member of our excavation team. He will be sorely missed.
We are COR safety certified and we had shoring on-site and everything available to be able to install the shoring from above without jeopardizing anyone’s safety. At some point while installing this tragedy occurred. The other employees on-site have submitted their statements to the appropriate authorities. Safety has always been our top priority and we are committed to always providing a safe and healthy work environment for our employees. We have shared all safety protocols with OHS and authorities to review and will continue to cooperate. We are working closely with the authorities to fully understand the circumstances surrounding the incident. We are unable to comment further until the OHS investigation has been completed.
We extend our sincerest condolences to everyone who knew and loved him. What’s happened is a tragedy. Our whole team is deeply affected by this.
Sincerely,
Mr. Mike’s Plumbing”