Blog Post #1709 – New Brunswick Supervisor Convicted of Criminal Negligence

Jason King, a former Springhill Construction Ltd. supervisor in New Brunswick, was sentenced to three years in prison for criminal negligence causing the death of 18-year-old worker Michael Henderson in 2018. King was convicted in June 2023 for reckless disregard of safety protocols, including failing to secure a confined space and failing to warn workers of a, fatal, 2018 water pipe test which drowned the teenager. The New Brunswick Court of Appeal upheld the conviction and three-year sentence in January 2025.

Key Details of the Case (R. v. King, 2023-2025)

• Incident:On August 16, 2018, in Fredericton, Michael Henderson was working in a 4-foot-wide, 8-foot-deep confined space during a pipe leak test. A plug became dislodged, causing a rush of water that trapped and drowned him.
• Conviction & Sentence:Jason King was found guilty of criminal negligence causing death. The judge noted a “marked and substantial departure” from reasonable safety standards. He was sentenced to three years in prison, and his appeal was dismissed in Jan 2025.
• Negligent Actions:King failed to inform workers of the hazardous test, did not properly supervise the confined space, and failed to follow safe work procedures.
• Legal Precedent:This case is considered one of the first in New Brunswick to result in a substantial prison term for a front-line supervisor for criminal negligence causing death.
• Employer Outcome:While the supervisor faced criminal charges, Springhill Construction Ltd. originally faced charges but ultimately pleaded guilty to Occupational Health and Safety (OHS) Act violations.

This case emphasizes that supervisors have a personal, legal obligation to ensure safety, independent of training provided by their employer. 

 

My opinion

 

Confined space regulations in New Brunswick, primarily governed by the

Occupational Health and Safety Act (91-191), and require employers to identify, hazard-assess, and control entry to areas not designed for continuous occupancy. Mandatory requirements include appointing a competent person to test atmosphere (oxygen 19.5-23%, low toxins/combustibles), using a written code of practice, ensuring a trained attendant is present at the exit, and implementing rescue procedures.

 

Key Aspects of NB Confined Space Regulation:

• Definition: An enclosed/partially enclosed space, not intended for continuous occupancy, with restricted access/exit that may become hazardous.
• Hazard Assessment: Before entry, a “competent person” must test for oxygen levels

19.5% to 23% safe levels

hazardous fumes, or explosive atmospheres.

• Safety Measures:

Ventilation/Purging: If the atmosphere is hazardous, it must be purged or ventilated.

Signage: Visible signs at entries stating “Do not enter without permission”.

Monitoring: An attendant must be stationed outside to monitor workers and manage emergencies.

• Training: Employees must be trained in the code of practice, hazard recognition, and emergency procedures.
• Rescue: Emergency response procedures must be in place and, for high-risk spaces, specialized rescue teams must be immediately available.

Employers are responsible for maintaining a record of all confined spaces and ensuring all PPE and safety equipment is utilized.

 

In Ontario, we have regulation 632/05, “Confined Spaces” and it covers all the safety information for entry. Ensure your company is following the regulation or you can be the next Jason King.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Confined Spaced Entry’ and ‘Lockout and Tagout’.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

Ensure your workplace is a safe place.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.