Algoma Steel is seeking damages from the contractor that employed a 21-year-old worker who was killed on the job in 2023.
Damien Bryant, a young father at age 21, was an employee of GFL Environmental Inc. He died after an industrial accident at the Sault Ste. Marie steelmaker while tasked with cleaning the coke oven gas main.
Algoma Steel was charged under the provincial Occupational Health and Safety Act (OHSA) by the Ministry of Labour last year in relation to the death in a case still making its way through the Provincial Offences Court.
Although Bryant was an employee of GFL, Algoma Steel is ultimately responsible for the health and safety of all employees on site, including contractors.
In a separate civil case, Algoma Steel is seeking $2 million in damages from GFL, the company it contracted to clean the coke oven gas main. Algoma Steel alleges breach of contract and negligence in relation to Bryant's death and claims negligence, breach of statutory duties and breach of contract.
To date, GFL has not filed a statement of defence and the claims made by Algoma Steel have not been proven in court. An email sent by SooToday to GFL president and CEO Patrick Dovigi was not immediately returned.
Documents filed in civil court last week by Algoma Steel state that under no circumstances were workers supposed to enter the 36" coke oven gas main, which carried coke oven gas from the plant's steel byproducts facility to its plate and strip hot mill.
"Despite this, on June 15, 2023, one of GFL's workers entered the coke oven gas main. The individual asphyxiated in the coke oven gas main and was taken immediately to the hospital, where he was pronounced deceased," said Algoma Steel in its statement of claim.
That 36" pipe is considered a 'confined space,' as defined by the OHSA. GFL was contracted to clean it by using a high-pressure flushing hose and to remove the water and sludge mixture with a suction hose connected to a vacuum truck.
Inspection of the inside of the coke oven gas main was supposed to be done with a cable-mounted camera, which was to be inserted into the pipe.
The claim states that GFL was advised by Algoma Steel to not allow anyone to enter the coke oven gas main.
"GFL knew or ought to have known that it was a serious violation of the OHSA to enter the pipe nor were they authorized by Algoma to enter [the] coke oven gas main," said Algoma in its statement of claim.
In the statement of claim made by Algoma Steel, the company claims that GFL 'represented that it possessed the requisite knowledge, skills, equipment and supervisory capacity to perform its work safely and efficiently.'
Algoma Steel said in its filing that it had no direct supervision or control of the specialty work being performed by GFL.
"Algoma acted with due diligence by retaining a competent contractor, ensuring contractual obligations required adherence to safety standards, and relying upon GFL's expertise and immediate control over the work," said the statement of claim.
The claim notes that in the past, Algoma Steel routinely contracted Algoma Industrial Limited to perform similar cleaning work. In 2020, GFL Infrastructure Group, one of GFL's related companies, amalgamated with that company and acquired all of its assets, equipment and personnel.
"GFL is very familiar with Algoma's health and safety procedures, and the hazards and controls involved in those services regularly provided by GFL," said Algoma Steel in its statement of claim.
Algoma Steel is proposing the case be tried in Sault Ste. Marie.
