Newfoundland court dismisses charge against Quebec company in death of Gerard Drover
A Quebec company accused in the workplace death of a Newfoundland man has the charges against it dismissed.
Gerard Drover died in September 2019 after being struck by a ceiling fan while painting at the new headquarters for the College of the North Atlantic in Stephenville.
The school hired Pomerleau for the construction of the building, and the company hired subcontractor, Pro Coatings of Paradise, to do some of the painting. Drover worked for Pro Coatings.
Pomerleau was charged with four offences under the province’s Occupational Health and Safety Act. Three charges were dropped when the crown didn’t call any evidence, but the fourth charge of failing to ensure the health, safety, and welfare of its workers remained.
According to a CBC News report, Judge Kari Ann Pike says she was satisfied all safety procedures and practices were followed by Pomerleau. Pike noted nobody at either company, including Drover himself, identified the ceiling fan as a hazard.
Pike says even though Pomerleau was responsible for most of the safety requirements, it was not Drover’s employer as defined by the act.
"I'm not satisfied that [the] Crown established that Pomerleau was the employer," and with that Pike dismissed the charge.
