Calgary plumbing company in court next month for charges related to worker’s death

Liam Johnston. (Credit: Emily Gofton)

A Calgary company faces charges under Alberta occupational health and safety laws following the death of a worker in a trench collapse two years ago.

Liam Johnston died while doing sewer repairs in the community of Charleswood on June 8, 2023.

The Calgary Fire Department said at the time that the 27-year-old climbed down a ladder into a three- to six-metre-deep hole to access a line when a large amount of dirt and debris fell on top of him.

It took several hours to remove his body.

A spokesperson for Alberta Jobs, Economy, Trade and Immigration, on behalf of Alberta Occupational Health and Safety, confirmed the charges.

“It is always tragic when a worker dies on the job. Our government’s goal is to have all workers return home healthy and safe after every workday,” the spokesperson said.

“Mr. Mike’s Plumbing Ltd. is charged with 11 counts under occupational health and safety laws in connection with this incident.

“First appearance is scheduled for July 22, 2025, in the Calgary Court of Justice.”

The 11 charges against Mr. Mike’s Plumbing Ltd. include:

• Section 3(1)(a)(i) of the Occupational Health and Safety (OHS) Act, failure to ensure the health, safety and welfare of a worker engaged in the work of that employer, by failing to ensure that they were protected from the collapse of a wall of an excavation;
• Section 3(1)(a)(i) of the OHS Act, failure to ensure the health, safety and welfare of their worker by failing to sufficiently or at all stabilize a wall of an excavation to prevent its collapse;
• Section 3(1)(a)(i) of the OHS Act, failure to ensure the health, safety and welfare of their worker by failing to ensure a wall of an excavation was sufficiently cut back or temporary protective structures were installed to prevent collapse of the wall on the worker;
• Section 3(1)(a)(i) of the OHS Act, failure to ensure the health, safety and welfare of their worker by failing to implement or monitor the implementation of a safe work procedure for the task of working in and around an excavation;
• Section 443(1)(a) of the OHS Code, where provisions of section 443(2) of the OHS Code were not applicable, failed to stabilize the soil in an excavation at its work site by shoring or cutting back, contrary to section 443(1)(a) of the OHS Code;
• Section 446(2) of the OHS Code, failure to ensure a worker did not enter an excavation that did not comply with Part 32 of the OHS Code by failing to comply with section(s) 443(1)(a) and/or 450(1) and/or 456(1), contrary to section 446(2) of the OHS Code;
• Section 450(1) of the OHS Code, failure to ensure that before a worker began working in an excavation that was more than 1.5 metres deep and closer to the wall or bank than the depth of the excavation, that the worker was protected from cave-ins or sliding or rolling material;
• Section 456(1)(b) of the OHS Code, failure to ensure temporary protective structures in an excavation more than three metres deep were designed, constructed and installed in accordance with the specifications of a professional engineer;
• Section 7(2) of the OHS Code, failure to prepare a report of the results of the hazard assessment and the methods used to control and eliminate the hazards identified;
• Section 7(4)(c) of the OHS Code, failure to ensure the hazard assessment was repeated when a work process or operation changed; and
• Section 9(1) of the OHS Code, failure where an existing or potential hazard to workers was identified during a hazard assessment, failed to take measures to eliminate the hazard, or if elimination was not reasonably practicable, to control the hazard.

The Alberta Jobs, Economy, Trade and Immigration spokesperson said no further comment or information can be provided at this time, as “the matter is before the court.”