Salmon lodge fined $12,500 for safety violations

Company found guilty in death of employee in 2018

A Labrador outfitting company was sentenced to $12,500 in fines on Friday for violations of the Occupational Health and Safety (OHS) Act that contributed to the death of an employee on the Eagle River in 2018.

Judge Wynne Anne Trahey said the informal manner in which its owner, Norman Lethbridge, ran Cloud 9 Salmon Lodge Inc. played a part in the circumstances leading to the death of guide Raymond Green.

Using verbal rather than written instructions, failing to inquire about a guest's previous experience on the water and not providing emergency communication devices were some things Trahey highlighted as factors.

Trahey said errors by Green, such as failure to wear floatation devices or to follow procedures of what to do in an unexpected situation on the water, contributed to the loss of his life.

“The corporation could have done more to ensure that these things did not occur, but is not exclusively culpable,” she said.

On the morning of July 12, 2018, OHS received a call about an overturned boat on the Eagle River near Cartwright, and that Raymond Green, an employee of Cloud 9, was missing. The other passengers on the boat, guests of the lodge, survived. Green's body was never found.

Green's common-law partner of 31 years, Phoebe Davis, gave a victim impact statement at the last court appearance, which was referenced by Trahey on Friday.

Trahey said Davis provided a poignant statement regarding the history of her relationship with Green, his close bond with their respective children and grandchildren, their plans for retirement that were delayed when Green decided to work one final season with Cloud 9, and “the horror of facing the truth of the loss and sharing it with their children.”

“Since the loss of Raymond Green, Phoebe Davis has suffered a multitude of impacts,” Trahey said. “She has lost her companion, her peace of mind, her health, their home and the comfortable life they had built together.”

Cloud 9 Salmon Lodge Inc. pleaded guilty to three charges under the Occupational Health and Safety Act — failing to ensure the health, safety and welfare of workers where reasonable; failing to prevent persons not in his/ her employ from exposure to health or safety hazards; and failing to supply a risk assessment for evacuation or rescue.

The judge fined the company $5,000 for two of the violations, and $2,500 for the third, with 36 months to pay. Trahey said there is no indication the company was ever before charged under the legislation, expressed remorse, changed its policies and pleaded guilty to the charges.

FINES NOT A DETERRENT

Mary Shortall, president of the Newfoundland and Labrador Federation of Labour, said fines levied against companies under OHS legislation often aren't enough to ensure safe workplaces for employees.

She said there needs to be more enforcement of the Westray Act, an amendment to the Criminal Code of Canada passed in 2004 that allows employers to be found criminally negligent in the death or injury of a worker and potentially face jail time.

Police forces and the judicial system need to be on board with it, Shortall said, adding that it is shocking that it has been in place this long and is not being used much across the country.

“The fines are insignificant and it's disrespectful to the families of people who are killed,” she said. “It's not an effective deterrent because we still lose people in unacceptable numbers every year. Fines are not making employers think twice about taking a shortcut that could result in somebody's death.”