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Company and supervisor charged in fatal incident has court set over

The road leading into the Indian Head grounding site where a 30-year-old Stephenville man died as a result of an industrial accident in this file photo.
The road leading into the Indian Head grounding site where a 30-year-old Stephenville man died as a result of an industrial accident in this file photo. - SaltWire File Photo

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Powertel Utilities Contractors Limited and a supervisor with the company charged in relation to a fatal accident had their election and/or plea set over until a later date on Monday.

The next court date for election and/or plea for both the contractor, represented by J. David Eaton of McInnes Cooper; and for David Gillingham, the supervisor, represented by Phillip Hunt of Shields, Hunt and Duff, is set for April 15.

Both Eaton and Hunt appeared on behalf of their clients via teleconference before Judge Lynn E. Cole in Stephenville Provincial Court on Monday.

Crown Prosecutor Susan Gallant said Hunt had been in touch with her through email; however, she didn’t have much time to review the file since she was caught in Nova Scotia for four days last week due to weather and never got back to Stephenville until late Thursday.

She had suggested another four weeks for the next appearance and the April 15 date was agreeable to her and the lawyers representing the company and supervisor.

The accident took place at a Maritime Transmission Link worksite near Stephenville Crossing at Indian Head in January 2017 resulting in the death of 30-year-old Phil Parsons.

The charges were laid under the Occupational Health and Safety Act and Regulations because of an investigation by the Occupational Health and Safety Division of Service NL.

The company has been charged with five violations which relate to its alleged failure to provide and maintain a safe workplace and necessary equipment, systems or tools; provide the necessary information, instruction or supervision to ensure health, safety and welfare; ensure workers are made aware of health and safety hazards; and two counts of failure to ensure that safe work procedures are followed at all workplaces.

Gillingham has been charged with two violations which relate to alleged failure to ensure the health, safety and welfare of all workers under his supervision; and failure to meet specific safety duties.

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