Charges against SaskEnergy over gas explosion stayed

Almost three years after a massive gas explosion in downtown Nipawin resulted in the deaths of Jack and Brent Boxall, the charges against SaskEnergy was stayed last week.

During a brief procedure at a sitting of the Nipawin Circuit Court on Wednesday morning, Feb. 9, Senior Crown Prosecutor Mitchell Miller informed Judge Lorna Dyck that the Crown is directing a stay of proceedings on all counts against SaskEnergy.

Miller and Aaron Fox, the defense lawyer representing SaskEnergy, both made their appearances before court by telephone.

Last year's decision by the Ministry of Justice and Attorney General to proceed with charges against SaskEnergy and self-employed backhoe operator Lorry Reimer was the result of a two-year investigation by occupational health and safety officers into the explosion on April 18, 2008.

SaskEnergy was charged with five counts of contravening the Occupational Health and Safety (OHS) Act, including failing to train and supervise its worker in the implementation of safety procedures to protect a gas riser during a building demolition as well as failing to ensure the health and safety of its workers. The Crown Corporation was also charged with failure to properly guard a gas pipe riser and failing to develop and implement written procedures for the safe installation, use and maintenance of a system.

According to a news release by the Ministry of Justice and Attorney General on Feb. 9 the decision not to proceed with the charges was the result of consultations with independent experts in the oil and gas industry. These experts could not confirm that physical guarding of gas risers at demolition sites was a recognized industry best practice.

"As a result, the Ministry of Justice could not prove that SaskEnergy had failed to exercise due diligence to adequately guard the gas riser against damage," the news release stated.

Due to this determination the Ministry of Labour Relations and Workplace Safety is carrying out a review of guarding practices in the natural gas industry to determine the need for establishing a best practice that can be promoted within the industry.

In its response to the decision SaskEnergy issued a statement that highlighted its commitment to ensuring a safe and reliable natural gas infrastructure and the promotion of public safety.

"The Nipawin incident stands out as a rare, but nonetheless tragic outcome at a time of generally high levels of responsible operation by the contracting community in our province, represented by over 106,000 calls to Saskatchewan First Call in 2010," the statement said. "We again extend our condolences to the residents of Nipawin, their families and friends over the regrettable loss of life and property which occurred that day."

SaskEnergy also indicated in the statement that it has agreed to work with the OHS division of Saskatchewan Labour Relations and Workplace Safety and the construction industry to refine practices and regulations with regard to work carried out by third parties in and around the corporation's natural gas infrastructure.

"We believe that third party contractors recognize their responsibility to avoid potentially dangerous situations from contacting natural gas infrastructure," the statement said.

The charges against the backhoe operator are continuing, with a trial date set in April. Reimer has entered not guilty pleas to charges of contravening section 259(2) of the OHS regulations for failing to ensure mechanical excavation does not take place within 600 millimetres of an existing pipeline; and contravening section 5(a), of the act for failing to ensure that his actions do not expose workers to health and safety risks.