Contractor With Minor Role In Project Cannot Blame Others For Explosion: Saskatchewan Provincial Court

An independent contractor was working amongst a group of other parties on the demolition of a few buildings in downtown Nipawin, SK when he snagged a gas riser with his backhoe. This led to the line being pulled from the main which in turn caused gas to seep into through the ground and pool in the basement of a nearby butcher shop. Shortly thereafter the gas was ignited by a piece of machinery in the basement and an explosion occurred killing two people and seriously injuring five others. The contractor was found guilty of two Occupational Health and Safety Act violations.

The Court confirmed that an independent contractor has a duty under the Act to conduct his work, insofar as is reasonably practicable, in a manner that ensures that he and the other workers are not exposed to risks to their health and safety. The Court held that, although the outcome may have been changed if some of the other parties who had more control over the project had acted differently; it