A Fredericton construction company has become the first employer in New Brunswick to be charged criminally in the death of a worker, according to WorkSafeNB.

Springhill Construction Ltd., and a former supervisor, Jason King, 43, of Lower Hainesville, were each charged July 15 with criminal negligence causing death in connection with a fatal workplace incident at the city’s wastewater treatment facility on the north side two years ago.

Michael Anthony Henderson, 18, was working on a construction project at the Barker Street facility when he was killed on Aug, 16, 2018.

“It’s the first time criminal charges have been pursued in New Brunswick for a workplace incident,” WorkSafeNB spokesperson Gillian Graves said in an email.

No information has been released about what happened at the plant, where a construction crew was installing a secondary clarifier, a settling tank where liquid waste or sewage is held.

Springhill Construction owner/operator Geoff Colter did not respond Friday to a request for an interview.

WorkSafeNB president and CEO Doug Jones said only about 30 people across Canada have been charged under the so-called Westray Law since it took effect 16 years ago.

“So to have people in New Brunswick charged under that is a pretty big deal,” he said.

The 2004 amendments to the Criminal Code established rules for attributing criminal liability to organizations, including corporations, for the acts of their representatives; and established a legal duty for all persons directing the work of others to take reasonable steps to ensure the safety of workers and the public.

he changes stemmed from the May 9, 1992 disaster at Westray Mine in Pictou County, N.S. Twenty-six miners lost their lives when a buildup of methane gas and coal dust ignited and caused an explosion.

Prior to the explosion, several safety concerns had been raised by employees, union officials and government inspectors.

Springhill Construction, King and the City of Fredericton were all initially charged last year under the Occupational Health and Safety Act.

The provincial act contains legal requirements that must be met by all New Brunswick workplaces.

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