Calgary police said Friday that there is in sufficient evidence to support the laying of any criminal charges after the fatal workplace death of a 27-year-old employee of Mr. Mike’s Plumbing on June 3, 2023.
Liam Johnston was killed when a trench he was working in collapsed on top of him while he was doing some sewer repairs in the northwest Calgary community of Charleswood, around 10:45 a.m.
Calgary fire crews, who responded to the incident, said there was no trench box in place at the time the accident and they had to put one in place before they could safely enter the trench.
Rescue crews were also forced to bring in an excavator to help recover Johnston’s body, which finally happened about nine hours after the trench collapse happened.
The Canadian Centre for Occupational Health and Safety describes a trench box, which are commonly used in the construction of utilities, roadways and foundations, as a temporary protective structure used to protect workers in the case of a cave-in.
Following Johnston’s death, a former colleague of his, Jon Malley, told Global News he had previously requested a trench box from the management of Mr. Mike’s Plumbing, telling them “it’s a matter of time before somebody gets killed.”
In a statement, the Calgary Police Service said that “there is not sufficient evidence to support criminal charges after consultation with the Alberta crown prosecution service.”
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In an interview with Global News, Johnston’s girlfriend, Emily Gofton, said the decision that no criminal charges would be laid is “certainly not something we expected to hear.”
“We believe that this situation warrants serious charges to be to be laid,” Gofton said. “Ultimately, Liam would be here today if different choices had been made by his employer.”
“I think the message that is being sent with this decision is that employees’ lives is the cost of doing business. And that’s not acceptable to us,” Gofton added.
She is hopeful Mr. Mike’s Plumbing will be held accountable for the 11 charges it still faces for violations under Alberta’s Occupational Health and Safety act.
The company has pleaded not guilty.
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