Algoma Steel is suing GFL Environmental for $2 million in connection with the 2023 death of a GFL worker in 2023 at the steel mill.
Damien Bryant, 21, of Sudbury, was working at the steel plant as a contractor for GFL in June 2023 when he lost consciousness while cleaning the coke oven at the plant. He later died in hospital.
Ontario’s Ministry of Labour charged the steelmaker with three violations under the Occupational Health and Safety Act in May 2024 in connection with Bryant’s death.
Algoma Steel was charged under section 25 of the Occupational Health and Safety Act, including one count of failing to provide information, instruction and supervision to a worker to protect the health and safety of a worker in a confined space.
The company was also charged with failing to ensure that the provisions of s. 4(2) of Ontario Regulation 632/05 were complied with and for failing to ensure that the provisions of s. 17 of Ontario Regulation 632/05 were complied with.
In a statement to CTV News, Algoma said it contracted GFL in June 2023 “to perform specialized work under their supervision.”
Algoma not the direct employer
“Tragically, a GFL worker lost their life during the performance of that work,” the statement said.
“This loss is deeply concerning, and our thoughts remain with the individual’s family, friends, and colleagues.”
“Despite not being the direct employer of the individual involved, Algoma Steel is the only party that has been charged in connection with this incident,” the statement continued.
“We are defending ourselves against these charges and have filed a civil claim to ensure that the legal process fully and fairly considers the roles and responsibilities of all parties involved.”
None of the allegations in the lawsuit have been tested in court.
In the suit, Algoma Steel said GFL was selected and paid specifically for its professed competence and experience in performing such high-risk tasks.
However, the lawsuit said, GFL failed to comply with terms of its purchase order, including performing services in compliance with safety measures, ensuring its personnel were trained, and have the required skills to perform the services.
Specifically, GFL knew that workers should never enter the confined space of the coke oven gas main, because of the toxic air from the sludge.
“Despite this, on June 12, 2023, one of GFL’s workers entered the coke oven gas main,” the lawsuit said.
“The individual asphyxiated in the coke oven gas main and was taken immediately to hospital where he was pronounced deceased.”
‘Assume all liability’
GFL’s contract with Algoma stated that it would comply with “relevant health and safety standards, regulations and legislation,” the suit said.
“GFL agreed to assume all liability under the Workers Compensation Act and carry public liability insurance with limits satisfactory to Algoma’s insurance department, as well as comply with all safety rules and regulations.”
The statement of claim states that GFL “is required to indemnify Algoma for all damages, losses, expenses and costs incurred as a result of the breaches of the purchase order.”
The steelmaker is also asking that the trial be held in Sault Ste. Marie.
