Moncton inquest jury hears from operator of excavator that crushed co-worker

A coroner's inquest jury heard about the horrific moment an excavator operator realized he backed over and crushed his colleague to death.

"He somehow got under the track, and I couldn't feel him under the track," Shayne Henry testified. "If he would've screamed or anything I would've heard him."

Henry was the third witness to testify Monday during the inquest examining the Aug. 21, 2023, workplace death of Jamie Harris. 

The inquest is being held at the Moncton courthouse to examine the circumstances of the death, and allow the jury to issue recommendations to avoid similar deaths in the future. Deputy chief coroner Emily Caissy told the five-person jury the inquest isn't to assign blame. 

Harris, 42, was a labourer working for Perfection Contracting. Co-owner Ghyslain Bouchard testified the company was hired to dig under Ulysse Drive in Dieppe to look for a suspected waterline leak.

Harris was serving as a spotter for Henry because of utility lines over the site. 

No leak was found. Henry and Harris were the last two workers at the job site cleaning up material that ended up on lawns or driveways around the hole. 

Henry testified he told Harris to get tools to push material in front of the machine, saying the plan was to use the excavator's bucket to fill the hole as he gradually backed up the machine. 

"I saw him when he went to get the tools, but didn't see him come back," Henry said, saying Harris should never have been behind the machine he estimated weighs about 25 tonnes. 

Crown prosecutor Patrick Wilbur, who was questioning witnesses at the inquest, asked Henry what happened next. 

Henry paused for more than minute, looking at the floor of the courtroom as he tried to hold back tears. 

"He somehow got in behind my machine. I don't know why he was there," Henry said. 

Mirrors missing

He told the jury he didn't see Harris on the backup camera on the machine. 

The inquest heard from Henry and Bouchard that mirrors on the excavator were missing or broken. 

Henry said it wasn't uncommon for the mirrors to end up broken after working in the woods, saying a small company like Perfection couldn't just park a machine every time a mirror was broken. 

Asked if he was aware of missing mirrors, he responded "absolutely." 

Bouchard testified a pre-work inspection by the operator was supposed to identify maintenance issues that could wait, as well as those that required an immediate fix. Mirrors and backup beeper were among items Bouchard said need immediate repair. 

"The machine is not to run before it's fixed. I had not realized that day that it was not on," Bouchard said about the mirrors. 

Bouchard, who was on the job site that day but left shortly before Harris died, said he didn't notice the mirror issue himself. 

Bouchard said the machine was quiet enough that workers communicated by talking or yelling while it was running, and that Henry kept the window and door open to facilitate communication. 

Both said they weren't aware of anyone on the job site who was wearing earbuds that would have restricted their ability to hear. 

Pleaded guilty to workplace safety charge

Perfection Contracting pleaded guilty last year to a charge under the Occupational Health and Safety Act for failing to maintain the excavator. 

It was fined $30,000, a sum that included a $25,000 payment to the New Brunswick Construction Safety Association that would be used for training around heavy equipment.

'A really great guy'

Henry described a special relationship with Harris, who he worked with for about three years. Henry said he would often pick up Harris to drive him to work and back, sometimes picking up Harris's children from daycare or taking them grocery shopping. 

"A really great guy," Henry said. 

Caissy, the presiding coroner, told jurors that witness testimony is expected to conclude Tuesday morning followed by their deliberations.