On June 28th, 2023, Nogha Enterprises Ltd. appeared in Territorial Court in Yellowknife and entered a guilty plea to two offences under the NWT Safety Act.
The charges stem from an incident where a worker was fatally injured on duty on December 8th, 2020, while operating an excavator to dig a pit at a gravel quarry site approximately 44km north of Fort Simpson.
According to the WSCC, the sidewall of the water-filled gravel pit collapsed, the excavator slid into the pit, and the worker drowned.
On December 2nd, 2021, after an investigation, the Workers Safety and Compensation Commission (WSCC) originally filed nine charges against Nogha in violation of the Safety Act.
Nogha Enterprises Ltd pleaded guilty to failing to ensure that work was properly supervised, and permitting an employee to work at an isolated worksite without taking ‘reasonable’ safety measures.
Nogha was issued a $100,000 fine to be paid to the Workers’ Protection Fund. Additionally, Nogha was placed on a 24 month probation period, which includes a requirement to develop and implement a safety program for powered mobile equipment operators.
The WSCC says that due to the agreement reached in court, the remaining seven charges were withdrawn.
