SOMBA K'E/YELLOWKNIFE - The criminal portion of a 2008 workplace accident case came to an end Thursday after one of the companies involved in site supervision was fined $34,500 in territorial court.

Tim Mcauley had to have his right leg amputated below the knee after the north end of this 40-tonne Bailey bridge fell on his foot during a June 3, 2008, accident at the Snare Forks Hydro facility. This photo was taken on the day of the accident. - photo courtesy of the Workers' Safety and Compensation Commission

Mandeville Engineering was ordered to pay the amount after pleading guilty to one charge under the NWT Safety Act. Crown prosecutor John Cliffe dropped 14 other charges against the company and 25 charges against Lloyd Mandeville, president of the firm.

Tim Mcauley, whose lower right leg was amputated after a 40-tonne Bailey bridge fell and crushed it at the Snare Forks Hydro site almost three years ago, didn't attend Thursday's sentencing. However, in a victim impact statement filed last December, Mcauley, 28, stated he has been unable to perform the same type of manual labour work due to his amputation. He also wrote that he hopes those responsible pay "a hefty toll for what has happened to me to make sure it doesn't happen again."

He added "this accident could have easily been avoided and that is what hurts the most."

Under the Safety Act, Mandeville Engineering could have received a maximum fine of $500,000. However, given the size and resources of the company as well as the fact this was Mandeville Engineering's first offence under the Safety Act, Cliffe said the $34,500 was appropriate.

Mcauley is also suing Mandeville Engineering Inc., Lloyd Mandeville, Tim Boyce and the Northwest Territories Power Corporation in Supreme Court for $950,000 for the June 3, 2008 accident, according to court documents filed May 10, 2010.

Based on the agreed statement of facts, Cliffe told the court the Northwest Territories Power Corporation hired Carter Industries in May 2008 to perform structural upgrades at a five-metre high Bailey bridge at the Snare Forks Hydro facility, located 145 km northwest of Yellowknife. Carter Industries and Mandeville Engineering were responsible for site supervision.

The work began on June 3, 2008, with an excavator and front end loader attempting to lift the north end of the bridge so Mcauley, a Carter Industries employee, could place timbers under the bridge and keep it elevated. The same work was successfully completed at the south end of the bridge a year earlier.

This time, after a failed attempt to raise the bridge, the bucket was removed from the payloader and a second attempt was made. The bridge was raised about one metre, and Lloyd Mandeville advised Tim Boyce, the site supervisor for Carter Industries, to stop raising the bridge. Mcauley attempted to place a timber under the bridge, but the three-eighths inch thick chain snapped, and the 40-ton bridge fell on Mcauley's right foot.

He was flown to Stanton Territorial Hospital, arriving about two hours after the accident. Due to the injury, Mcauley's right leg below the knee had to be amputated.

It was ruled in court that the strength of the chain was insufficient to raise the bridge, and that Mcauley was working at an unsafe distance from it.

On Jan. 7, 2011, Carter Industries pleaded guilty to one charge under the NWT Safety Act and was fined $63,250 in territorial court by Judge Robert Gorin. All 25 charges against Tim Boyce were dropped.

Also on Thursday, Malakoe ordered a one-year judicial stay of 15 charges against the power corp. after the company agreed to spend up to $100,000 to hire a consultant and create a safety training program for site supervisors, project managers, contractors and subcontractors. The Workers' Safety and Compensation Commission is responsible for monitoring the progress of the course, said Cliffe. The power corporation was represented by Edmonton-based lawyer Jon Rossall on Thursday. After hearing the alternative measures agreement, Malakoe praised the two sides for their efforts to create "something good out of an otherwise tragic accident."

Mcauley, who lived in Hay River at the time of the accident, could not be reached for comment.

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