Charge dismissed in 2019 workplace death of Spaniard's Bay man
A charge against a Quebec company in the death of a Newfoundland man during a workplace accident has been dismissed.
Judge Kari Ann Pike dismissed the charge against Pomerleau Inc. in provincial court in Stephenville on Friday.
Gerard Drover of Spaniard's Bay died in September 2019, a few days after he was struck by a ceiling fan while doing touch-up painting at the new College of the North Atlantic headquarters in Stephenville.
Pomerleau, the contractor hired by the college for construction of the building, had subcontracted some of the painting to Pro Coatings of Paradise. Drover, 55, was an employee of Pro Coatings. He worked in Alberta for years and decided to return home permanently to be close to his children.
Pomerleau was originally charged with four offences under the Occupational Health and Safety Act, including failing to ensure the health, safety and welfare of its workers. Three other charges were dropped when the Crown didn't call any evidence.
Pike says she was satisfied all safety procedures and practices were followed by Pomerleau at the site, including regular safety and toolbox meetings, and personal protective equipment standards were adhered to. Her decision noted that no one — the companies, safety officers or Drover himself — saw the ceiling fan as a hazard.
While Powerleau was in charge of most of the safety standards, Pike says she was not satisfied that Drover was an employee of Pomerleau as defined in the act.
"I'm not satisfied that [the] Crown established that Pomerleau was the employer," she said.
The charge was then dismissed.
