Fine in death of Regina man at N.B. wind farm a 'slap in the face,' sister says
Erinn-Jane Brawn says $25K 'doesn't seem like very much' for the life of Matthew Brawn, 46
The sister of a Regina man killed at the construction site of a wind farm in southern New Brunswick is shocked by the "slap on the wrist" penalty imposed against one of the companies involved.
Matthew Jeremy Brawn, 46, a pilot truck driver for Richards Transport Ltd. in Regina, was unloading a wind turbine tower at the Neweg Energy Project in Springdale on July 18 when he was "fatally crushed," according to a WorkSafeNB investigative report obtained by CBC News.
He was run over trying to stop a runaway trailer, known as a dolly, which came detached from an off-road forklift at the site, about 18 kilometres northeast of Sussex. The six-axle dolly had a gross weight of more than 27,000 kilograms.
Windturbine Construction Team Inc., the company responsible for installing the turbines, was charged with two counts under the Occupational Health and Safety Act, following an investigation by WorkSafeNB.
The company was charged with failing to ensure an industrial lift truck was not loaded beyond its capacity and with failing to ensure an industrial lift truck was used only for the purpose for which it was designed.
Windturbine pleaded guilty in Saint John provincial court Monday to the first charge, and Crown prosecutor Chris Titus withdrew the second charge.
Titus told the court there was "a lot of technical jargon," but essentially Windturbine Construction "used a lift that wasn't rated for that particular size and weight."
"Effectively the gentleman went to try to disengage, put the brakes on, and it rolled back and killed him."
According to the WorkSafeNB report, someone whose name is redacted, had "instructed Brawn to release the air brake valve so that the brakes would be secured."
Titus submitted a joint recommendation of a fine of $25,000, which Judge Lucie Mathurin accepted, along with a victim fine surcharge of $5,000.
'A slap on the wrist'
Erinn-Jane Brawn, who lives in Regina and learned about the sentencing from CBC News, was "sad and hurt."
"The amount of money they were fined doesn't seem like very much for my brother's life," she said in an interview.
"It feels like a slap on the wrist to them and maybe a slap in the face to everybody that loved Matthew."
The maximum penalty under the act is $250,000, six months in jail, or both.
"What incentive would they have to ever do anything different?" Brawn asked, referring to the fine imposed.
Windturbine lawyer Robert Basque stressed in court that Matthew Brawn was not an employee and that the company has spent "a lot of effort and time and money training its staff."
He also expressed condolences to Brawn's family for what he called "this regrettable incident."
Federal investigation underway
Work on the Neweg Energy Project stopped for two days after Brawn's death, but the site is soon expected to be operational. Six turbines are expected to produce enough capacity to power about 8,000 homes, according to Halifax-based Natural Forces, which partnered with the Mi'gmaq United Investment Network on the development.
No charges were laid against any of the other companies involved.
The WorkSafeNB investigation found no charges were warranted against Natural Forces, the turbine supplier Enercon, or Martin Up Consulting Inc., said spokesperson Lynn Meahan-Carson.
Richards Transport, which specializes in large-scale transportation of heavy equipment, and Total Transport & Rigging, which hired Richards to transport the wind turbines to the site, are both federally regulated, "so we have no jurisdiction over them," she said in an email.
The Labour Program at Employment and Social Development Canada has launched an investigation into the workplace death, related to Richards Transport alone, spokesperson Mila Roy confirmed in an email. "Richards Transport has been identified as the employer responsible for the employee involved."
Roy did not indicate how much longer the investigation, which started July 18, might take, but "if non-compliance is identified, the Labour Program will enforce the Canada Labour Code through a series of escalating compliance and enforcement measures," she said.
Richards Transport did not respond to a request for comment.
'Nobody should have to die at work to make a paycheque'
Erinn-Jane Brawn is hopeful "something comes of" the federal investigation, but wonders if she'll ever really know what caused the "brutal" death of her younger brother, whom she described as very smart with a dry sense of humour; a man who would "do anything for anybody."
Based on what WorkSafeNB officials told the family about its findings, Matthew reached for the hydraulic brake when the dolly started rolling downhill.
"It wasn't moving very fast, but they don't know if his coveralls got caught or what happened," she said.
"The guy running the forklift and the actual driver said Matt disappeared from sight, and then there he was again, because he went right under the dolly," which eventually stopped about 22 metres away.
"I feel like he would have wanted to do the right thing and would have done whatever he was told to do," Brawn said. "And that resulted in him not being with us anymore.
"Nobody should have to die at work to make a paycheque."
Warned brother to 'be safe'
At a July 1 family barbecue before he left for New Brunswick, Brawn said, she warned her brother to be careful.
"I hugged him at the front door and said, 'You've got to be careful. I've got to say that cause Mom's gone,'" she said, noting their mother Gail was killed in 2021 after being struck by a vehicle. Their father Jack, who is in memory care and doesn't know his son is dead, was recently diagnosed with cancer, she said.
"And I just hugged [Matt] hard and said, 'Be safe.'"
Brawn was "very much enjoying the job," transporting the turbines from the Saint John port to the site, and being in New Brunswick, staying at a Saint John harbourfront hotel with his dog, Dottie. She said it felt like "a bit of a holiday" for him.
Although it seems his death caused "barely a blip," she feels his loss every day.
"He was my person," she said, fighting back tears.
"I'll never not miss him."