Moving table cart that fell on worker was twoperson job trial on

The Jim Pattison Children’s Hospital in Saskatoon was the site of a fatal accident on July 21, 2016 during its construction. However, Hnatuk said when he went away to perform another task before the cart was to be moved, he thought he heard something fall. When he went around the corner, he saw Ndayishimiye on the floor. Hnatuk said he was told to go get danger tape and isolate the scene.Hnatuk’s testimony was heard as part of a voir dire, or trial within a trial, to determine if statements McLaren made to others can be admitted as hearsay evidence.Court has been told McLaren is now in Ireland and has refused to testify.Sub-contractor Banff Constructors Ltd. and Pilosio Canada Inc., the supplier of the table cart, are on trial under the Occupational Health and Safety Act, accused of liability in Ndayishimiye’s death on July 21, 2016 during construction of the Jim Pattison Children’s Hospital.Story continues belowThis advertisement has not loaded yet,but your article continues below.Hnatuk said the day of the fatal incident was the first time he had been partnered with McLaren. Prior to the accident, he had seen McLaren move the cart an inch or two, but there would always be two people if the cart was to be moved a distance, he said.Because of the cart’s weight and awkwardness to manoeuvre, it would be tough for one person to move it even a couple of inches, Hnatuk told court.In his interview with the province’s Occupational Health and Safety investigators, Hnatuk told them McLaren knew he should not move table carts by himself.When he saw McLaren a week or two after the accident “he was pretty rough, he was in tears consistently,” Hnatuk testified.Under cross-examination by Banff Constructors’ lawyer David Myrol, he said in the two hours he had been working with him, McLaren seemed to be following procedures and to know what he was doing. If there was anything wrong he would have mentioned it to his supervisor, Hnatuk said.Court also heard from Ryan Smotra, the regional safety manager for Graham Construction, the prime contractor on the Children’s Hospital project.Under provincial law, Graham was responsible for safety procedures and policies, court heard.Smotra said he could not specifically say why a 47-step task analysis and safe work procedure form contained nothing under the ‘potential hazards’ section about how table carts are to be operated. Smotra said the form was already quite long, and too much detail can overwhelm workers and lose their attention.He agreed with the suggestion that he relied on the skill and training of his journeymen. He said it was expected that if a worker saw someone else performing a task unsafely, they should stop that person and say something.Smotra, who was also board chair of the Saskatchewan Construction Safety Association, said he considered the safety management system for the Children’s Hospital project “top of class.”Lawyers in the trial are expected to present arguments on Wednesday regarding the admissibility of McLaren’s out-of-court statements. A labourer who was supposed to help Gerard McLaren move a table cart the day it fell and fatally crushed 21-year-old Eric Ndayishimiye says he was trained that it was a two-person job.Testifying on Tuesday in Saskatoon provincial court, Anthony Hnatuk said his instructions were that when he and McLaren were ready to move the table cart, he was to go and get the lead hand, Steven King, who would direct the two of them in that task. Liam Richards / Saskatoon StarPhoenix

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