Local firm ordered to pay $200K after worker falls to death

Failing to ensure the safety of a worker who fell to his death after a possible heart attack has cost a small Calgary company $200,000.

Provincial court Judge D.R. Pahl on Wednesday agreed with a joint Crown and defence submission to order Vedas General Contracting Ltd. to pay $160,000 in fines and surcharges.

Pahl also placed Vedas on corporate probation for 18 months.

One of the conditions of the probation is that the stucco company pay an additional $40,000 to the Alberta Construction Safety Association to find a project to revise and update its scaffolding awareness course.

The order, agreed to by Crown prosecutor Brian Kiers and defence counsel Alex Kotkas, also says Vedas owner Vladimir Sosna must give a presentation at an industry event about the tragic incident and what he’s learned from it.

Sosna had hired Christian Emond, 51, to work for him on May 2, 2016, and was working with him the following day.

According to a statement of agreed facts read in by articling student Katie Moore, the two men were on a scaffold at separate heights when Emond sat down, saying he felt unwell.

“He then fell off and landed on the unpaved driveway (six metres) below and suffered fatal head injuries,” Moore told Pahl.

“The medical examiner concluded there was a possibility Mr. Emond fell after having a heart attack because he had symptoms of cardiovascular disease, but that ‘the fall with resultant head trauma was imminently lethal and is considered the superseding cause of death,’ ” Moore said.

She also said a toxicology test determined there were levels of THC in Emond’s system.

“Mr. Sosna was unaware of any marijuana use by Mr. Emond or of Mr. Emond’s other health problems.”

Moore said the scaffold from which Emond fell failed to comply with the Occupational Health and Safety Code in several ways, including the planks being narrower than allowable.

“Vedas did not have a safety program or a safety training program.”

Kotkas said Sosna, who ran the stucco company mostly as a one-man operation, was deeply effected by Emond’s death.

“The incident itself has had an enormous impact on Mr. Sosna,” the lawyer said.

“He is extremely remorseful and troubled by the events that occurred.”

Kotkas said the company has “carefully followed the safety requirements,” since Emond’s death.

Vedas has 12 months to pay the fine and surcharge, and 30 days to fork over the $40,000.