This story was updated at 1145 CST September 1, 2016 to include comments from Viterra.
Regina-based grain company Viterra has been acquitted of charges under the Canada Labour Code stemming from the death of a Saskatchewan elevator employee in 2011.
Court of Queen’s Bench Justice Grant Currie said Crown prosecutors failed to prove that Viterra neglected to provide adequate training and instruction to employee Paul Cruse, who died in 2011 while attempting to clear a blockage in the grain receiving pit at Viterra’s elevator at Rosetown, Sask.
Cruse, 27, had been working at the facility for less than four months when the fatal incident occurred on Sept. 8, 2011.
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After a blockage developed in the grain pit, Cruse stepped into the pit, which was filled with canola, in an effort to clear the blockage. He was engulfed in seed and died shortly afterward.
Viterra faced six charges under the Canada Labour Code.
The charges included two counts of failing to instruct Cruse on how to unplug a blockage in a receiving pit, two counts of failing to provide adequate safety training and supervision, and two counts of failing to ensure that Cruse was aware of the hazard of being engulfed in grain.
In a hearing earlier this year, company lawyer Peter Bergbusch argued that the death would have been avoided had Cruse adhered to company’s safety training materials.
Evidence presented at the hearing suggested Cruse had completed training about the dangers of confined space entry.
As part of that training, Cruse was warned against entering a confined space, before receiving proper training.
“Viterra did not have an obligation to train and supervise Mr. Cruse with respect to the actual unblocking of a receiving pit, because Viterra did not tell him to do that job,” Currie wrote in a decision released last week.
Viterra released a brief statement.
“This incident was a tragic accident that resulted in the loss of a young man’s life,” The company said.
“This tragic loss has left a deep impact on many, both inside the Viterra family and beyond. This incident is a stark reminder of the need to continue focusing on continuous improvement in the safety of our operations.”
Viterra said maintaining standards of safety and looking after its workers is a top priority.
