Yukon judge hands down $80k+ in safety violation penalties for 2021 death of geotechnical driller

WARNING: This story contains graphic details.

An engineering firm and its president will pay more than $80,000 for safety violations that contributed to the 2021 death of a geotechnical drill operator near Stewart Crossing, Yukon.

Usman Khan was fatally injured on the North Klondike Highway the afternoon of Nov. 13, 2021.

Ontario-based Saffa Engineering Incorporated, which had a contract with the territorial government for geotechnical drilling on highway road beds, and president Syed Iftikar Ahmad pleaded guilty to three Occupational Health and Safety Act violations last year.

Deputy territorial court judge Kathleen Caldwell sentenced both in a Whitehorse courtroom Wednesday.

Caldwell noted Ahmad had known Khan since Khan was a child and that their families were closely connected in their home country of Pakistan.

"Harsh though it may sound, however, the fact that Mr. Ahmad has been profoundly affected by Mr. Khan's death cannot dictate the outcome of this sentencing process," she said.

According to an agreed statement of facts, Khan had started to drill his sixth hole of the day around 3:45 p.m. when his helper, with Khan's permission, went to get a drink of water. Khan continued drilling alone, despite a policy that required a driller's helper to be present whenever the rig was operating.

The helper returned about two minutes later and found Khan on the ground, "his arms detached from his body, with the drill still rotating."

Khan was pronounced dead on scene.

44 deficiencies identified with drilling rig

No one witnessed the accident, but the facts outline two theories about what happened.

Saffa Engineering employees told investigators that Khan would clear debris from the drill by hand, a practice he'd received a verbal warning for, and tools at the site suggested he could have been attempting to clear or free the auger. A protruding pin connecting the shaft and auger was found in his right glove, suggesting he'd been caught and dragged into the machine.

However, the road was slippery and it "cannot be completely discounted" that Khan could have also slipped and fell into the rig.

A number of safety issues were uncovered during the investigation into Khan's death, including the fact that Saffa Engineering didn't have a Northern Safety Network Yukon (NSNY)-trained supervisor on site at the time, and the fact thatthe companydidn't verify that Khan had driller training or experience before hiring him.

An engineer who inspected the rig, meanwhile, found 44 "relatively minor" to "very serious and dangerous" deficiencies, including the lack of a mandatory guard around the rotating parts, the emergency stop system not being engaged, and the prolonged pin that caught Khan's glove not being replaced with a shorter one.

As well, the drill's four-speed transmission was only working in third gear and reverse, meaning Khan was drilling at a much higher speed than recommended, and the rig wasn't level that day.

"The combination of the high rotation speed and the [rig] being 'off level' would increase the risk of binding and suggests that the auger may have become stuck just prior to the fatal incident," the facts say.

Caldwald said that while many safety failures were Khan's actions, his employer still held responsibility.

"Mr. Khan was essentially left with the task of supervising himself and he appears to have been woefully unqualified for that role The legislation exists in part to protect employees from themselves," she said.

Saffa Engineering had been due for a safety audit on Nov. 14, 2021.

Prosecutor David McWhinnie had asked the company and Ahmad be penalized $100,000, while defence lawyer Luke Faught requested$30,000.

Ahmad accompanied body back to Pakistan

While Caldwell said the safety violations were "serious and catastrophic" with high gravity and foreseeable risk, she noted several mitigating factors.

Khan was apparently the only person who knew about the transmission issues, she said, and there was no evidence the deficiencies were the result of cost-saving measures. Saffa Engineering also did not have any prior safety offences.

For Ahmad, Caldwell noted that he wasn't on-site and showed "profound remorse," including bringing Khan's body back to Pakistan.

"That act illustrates great respect for both Mr. Khan and for his family," she said.

"It also exhibits strength of character on Mr. Ahmad's part as I am certain accompanying Mr. Khan's body and then undoubtedly meeting the family on arrival in Pakistan must have been a very difficult and painful experience."

Caldwell accepted the prosecution and defence's suggestion that 60 per cent of the penalties be contributions to NSNY.

She ordered Saffa Engineering to pay $41,400 in fines and surcharges for failing to ensure effective guards were in place and that equipment was safe as much as reasonably possible. It must also contribute $34,000 to NSNY.

Ahmad, meanwhile, must pay a $4,600 fine and surcharge and make a $6,000 NSNY contribution for failing to take all reasonable precautions to prevent occupational injury.

They must make the contributions within six months, pay the fines within a year and are both subject to one year's probation.

McWhinnie withdrew five other charges.

In a written statement provided to CBC News after the sentencing, defencelawyer Faught said Khan's death has had a "devastating impact" on Ahmad and Saffa Engineering, and that they hoped the conclusion of the case "brings some peace and comfort to Mr. Khan's family."