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The trial has heard the cart collapsed after Ndayishimiye’s co-worker removed two safety pins in order to move the cart into a tight space, alone.

Eric Ndayishimiye, the 21-year-old man who died while working on the Children's Hospital of Saskatchewan -- now called the Jim Pattison Children's Hospital -- on July 21, 2016.
Eric Ndayishimiye, the 21-year-old man who died while working on the Children’s Hospital of Saskatchewan — now called the Jim Pattison Children’s Hospital — on July 21, 2016. Photo by FACEBOOK /Saskatoon

Ndayishimiye worked for Banff Constructors, the construction subcontractor that is also on trial for allegedly failing to provide proper training and failing to arrange for the safe use of trolleys.

Testifying from his office in Italy, Strunz said the agreement for the table cart was between Pilosio and Graham Construction, the general contractor. He said Pilosio did not know that Graham subleased the table cart to a third party, Banff.

He testified that the cart would never fall over if it was being properly used. A team of Pilosio engineers tested the cart after the incident and found nothing wrong, he said.

Looking at site photos taken after the fatality, Strunz said the table was being used improperly in several ways, including inclining the axles on both sides, not taking off the extensions, unlocking the wheels and using what Strunz called a “rusty old screw” to stabilize the cart, instead of a Pilosio-issued pin.

Court exhibit photo of collapsed Pilosio table cart that fatally crushed 21-year-old Eric Ndayishimiye on July 21, 2016. Ndayishimiye was working for Banff Constructors on the Jim Pattison Children's Hospital. His employer and Pilosio Canada Inc. are charged with infractions under the Occupational Health and Safety Act.
Court exhibit photo of the Pilosio table cart. Saskatoon

This puts it in a disastrously unstable position, especially when there’s too much weight up top, Strunz said.

Under cross-examination by Crown prosecutor Buffy Rodgers, Strunz said the provided written instructions are meant to supplement physical training.

Rodgers asked if he was aware that workers at the Children’s Hospital job site were not trained on how to properly operate the Pilosio table cart. Strunz said he was told Graham Construction employees received “extensive” training, but then gave the cart to Banff without informing them.

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