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New Brunswick MP calls on provincial government to suspend AIM’s operating licence

Click to play video: 'Calls for action grow after two workplace fatalities at Saint John facility'
Calls for action grow after two workplace fatalities at Saint John facility
WATCH: After two workplace fatalities at the American Iron and Metal facility in Saint John, a local MP is asking the province to consider suspending its operating license. But, the provincial government says operational licenses have nothing to do with workplace safety, only with environmental requirements. Nathalie Sturgeon has that story – Jul 7, 2022

After two fatalities at the American Iron and Metal (AIM) facility in Saint John, Liberal MP Wayne Long has called on the province to suspend the company’s operating licence.

On Twitter, Long tweeted: “Enough is enough. After 2 deaths in the last seven months, it’s time for AIM to end its operations in Saint John.”

“Across the world, American Iron and Metal hosts more than 90 sites and Saint John remains one of the most unsafe for workers and most impactful on the community. It’s time for the province to suspend their operating license until there is a plan that keeps (people) safe,” a subsequent tweet said.

In an interview, Long reiterated his concerns, which existed long before the deaths of two workers at the AIM facility.

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“To me that’s a breaking straw,” he said. “I’m not satisfied that workers are safe there. I’m not satisfied the community is safe.”

In his opinion, it’s up to the provincial government to suspend the licence until AIM gets the facility under stringent controls and safety protocols.

“It doesn’t matter, there were two workplace deaths there in seven months. It’s unacceptable,” Long said in an interview Thursday.

“So, until AIM can show that they’ve got control of the situation I want the province to pull their operating permit. Full stop.”

The two workers, one of whom has been identified as 60-year-old Darrell Richards, were in different workplace accidents.

On Nov. 24, a worker, who has not been identified, was driving a truck delivering materials to the facility, when they were hit by an attachment on the end of an excavator boom.

Richards, killed on July 1, sustained serious injuries in an incident involving a press roller, and later died in hospital.

“This is an active investigation (as is the November incident) and we are still trying to determine the root cause,” said WorkSafe NB spokesperson Laragh Dooley

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According the oversight body, these types of investigations can take up to 12 months to complete.

“These two employees did not return home to their loved ones at the end of their workdays – we are committed to finding out why. Our deepest sympathies remain with their families, friends and co-workers.”

Who can suspend?

However, suspending the operating license might not be that simple.

American Iron and Metal sits on federal property and has a 40-year lease with the Port of Saint John. Long said the federal government doesn’t deal with AIM directly but only acts as the landowner.

The province is the one responsible for issuing and maintaining the operating licence of the recycling plant, and therefore is the sole governing body that can suspend it’s operating licence. Typically, renewals happen every six months.

“The immediate leaver is provincially,” Long said. “That’s not passing the buck, that’s just what happens.”

Provincial response

In an email response, Post-Secondary Education, Training and Labour Minister Trevor Holder said the two fatalities “deeply concern him.”

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“At the end of last week, upon learning of the incident at the AIM facility, I reached out to WorkSafeNB to receive an update and to express these concerns,” he said in his statement.

“They have assured me that all steps are being taken to ensure a thorough investigation is carried out and that they will issue appropriate orders or recommend charges to the Crown, depending on their findings.”

He said in the statement his priority is to ensure healthy and safe working environments but the department made no commitment on whether the province would move to suspend AIM’s licence.

Instead, PETL clarified that operating licences are not issued or suspended based on workplace safety issues or concerns but rather environmental requirements.

“It is also important to note that the Approval to Operate issued to AIM is related solely to environmental requirements,” the department said in a statement. “Those would not factor into a workplace incident of this nature.”

Not a new problem

The company did have its operating licence suspended in 2018 following several explosions that rattled the west end of the city. The facility was later given permission to resume operations.

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According to Long, explosions continue to happen, and he gets calls from his constituents telling him as much.

Former Saint John mayor Don Darling was at the helm of municipal council when the facility made headlines for its explosions, non-compliance with air quality requirements and fires.

In 2020, Darling proposed sending a bill to the facility for fire protection services following a large fire there.

“I’m sad we’re having this conversation today to be honest,” he said in an interview on Thursday. “Anyone trying to normalize going to work in the morning and not coming home at night, we’ve lost our way.”

He said he thinks the community is frustrated with the company, citing positive working relationships with several other industrial players.

“We’re not seeing other heavy industrial players here having two deaths on their site in a matter of months,” he said.

Mostly, Darling said the company has a responsibility to be following the most stringent of operational and safety requirements.

“I think that for Darrell and the other worker that was killed, who I don’t know, I think we owe it to them and their families to have these difficult conversations and find a way for the facility to co-exist,” he said.

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“If it can’t meet its obligations, which should be stringent, environmentally, operationally, from a safety perspective and from a coexistence perspective with the community they shouldn’t be there.”

American Iron and Metal did not respond to requests for comments.

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