Gahcho Kue contractor pleads guilty in workplace death

A contractor at the Gahcho Kue diamond mine has been ordered to pay $200,000 in connection with an accident that killed one of its workers.

An N.W.T. territorial court judge imposed the fine on SMS Equipment in a Yellowknife courtroom on Friday. Earlier that day, SMS pleaded guilty to one Safety Act charge in connection with the fatal accident.

According to an agreed statement of facts submitted for the sentencing, the morning of Sept. 1, 2022, SMS heavy equipment technician Max Paczulla was working on the hydraulic system of a boarding ladder for one of the massive haul trucks at the mine. An employee of De Beers, the owner of the mine, was also working on the truck.

The truck was "locked out" — rendered inoperable using a special type of key — when Paczulla arrived. The De Beers employee removed the lock out key to allow the ladder system to be tested, then stepped away to get parts for the job.

According to the agreed facts, as the De Beers employee was leaving, Paczulla asked if there was a way to operate the ladder from the ground. The employee pointed to a switch near the lower part of the ladder and told Paczulla how to use it.

Soon after, Paczulla was pinned between the ladder rail and part of the truck  He suffered serious injuries and died soon after, despite efforts to save him.

Paczulla, who was 27, had been working as a heavy equipment technician for eight years. Originally from Germany, he had been living in Calgary. His girlfriend filed a victim impact statement, saying she was "shocked" and "shattered" by news of his death.

The sentencing judge said SMS was liable for prosecution because it failed to inform Paczula of the risks he was facing in that workplace.

Both SMS Equipment and the Workers' Safety and Compensation Commission recommended that SMS pay a $200,000 penalty for the accident. The amount includes a fine and a 30 per cent victims of crime surcharge.

Since the accident, De Beers installed protective screens on the haul ladders and signs have been posted on them alerting workers to the hazard that caused Paczulla's death. The mine has also changed its lockout procedures.