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IQALUIT
An Iqaluit firm faces eight Safety Act charges after a worker suffered minor injuries in a fire at the city's fuel tank farm on July 2, 2011.

Nunavut Construction Ltd. president Laureat Lessard appeared in court July 16 to respond to the charges that his company was negligent in its training and safety procedures at the Uqsuq tank farm. Lessard, speaking French, said the company is contesting the charges, and referred all other questions to his lawyer.

That's not easy to do because the firm is currently unrepresented and has no plans to hire a lawyer, instead hoping Maliiganik Tukisiiniakvik legal services will take the case.

Maliiganik lawyer Scott Wheildon told the court he would have to look into whether legal aid would represent a corporation. "It's unclear whether legal aid has a mandate to assist a corporate entity," Wheildon said.

Three Workers' Safety and Compensation Commission (WSCC) employees - including chief safety officer Judith Kainz, who laid the charges June 4 - attended the court appearance. WSCC would not comment on the charges.

WSCC laid the charges after an individual was injured while several workers were cleaning an empty fuel tank. Some residual fuel and sludge caught fire, and the fire spread outside the tank, igniting several waste fuel drums. The tank's roof was also damaged. The worker's injuries were treated at the scene.

Nunavut Construction, not to be confused with Nunavut Construction Corp., is accused as follows: failing to provide retrieval equipment to employees, instruction on emergency evacuation procedures, and a safe and fast way to communicate with emergency crews; failing to ensure workers were trained in the safe performance of their duties; allowing workers to operate machinery or equipment without adequate training, and to enter a confined space without a body harness, lanyard, and lifeline; and failing to develop and submit a code of practice for entering and working in confined spaces.

The charges have yet to be proven in court. Lessard is to meet with a lawyer - Wheildon has to determine whether it will be someone from his office - before Aug. 13, the company's next court date. Nunavut Construction will also have to file an application to allow Lessard to represent the company at court.

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