In­ci­dent on wharf leads to charges

The Compass - - FRONT PAGE - Melissa.jenk­ins@tc.tc

An alarm­ing and se­ri­ous in­ci­dent that took place in Bay Roberts July 5, 2011 has led to six charges be­ing laid against a lo­cal busi­ness.

Har­bour In­ter­na­tional Inc. is fac­ing charges that stem from an in­ci­dent at the Bay Roberts wharf that sent a worker to hos­pi­tal with se­ri­ous in­juries.

An 18-year-old man from Marys­vale was hit in the head with a frozen fish while work­ing in the hold of the MV Aqviq. The fish fell al­most eight me­tres and weighed around 18 kilo­grams.

Gat­lyn Eng­land, now 20, was a steve­dore on the ves­sel at the time. He re­ceived bleed­ing in his left ear, per­ma­nent hear­ing loss in his left ear, a blood clot in his brain and in­juries to hi s back front the im­pact. He also suf­fered a bro­ken skull.

Ocean Choice In­ter­na­tional ver­i­fied the ves­sel was one of their fleet but Moor­frost, owned by Har­bour In­ter­na­tional, was re­spon­si­ble for the of­fload­ing once it docked.

Har­bour In­ter­na­tional de­clined comment on the is­sue.

The com­pany is be­ing charged with not pro­vid­ing in­struc­tion, su­per­vi­sion and en­sur­ing head pro­tec­tion was worn. They are also be­ing charged with fail­ure to pro­vide a safe work­place and that safe work pro­ce­dures were not be­ing fol­lowed.

In ad­di­tion, the com­pany has also been charged with a fail­ure to no­tify the Oc­cu­pa­tional Health and Safety Di­vi­sion that the in­ci­dent took place.

RCMP con­firmed last week that the in­ci­dent was un­der in­ves­ti­ga­tion im­me­di­ately fol­low­ing the in­jury and it had been re­ported to Oc­cu­pa­tional Health and Safety. The last up­date they had re­ceived was the in­ves­ti­ga­tion was on­go­ing.

Of­fi­cials with Ser­vice NL said Oc­cu­pa­tional Health and Safety were no­ti­fied but they were never con­tacted di­rectly by Har­bour In­ter­na­tional Inc.

Har­bour In­ter­na­tional is be­ing sued by Eng­land for $100,000 plus le­gal costs.

In a state­ment of claim, Eng­land’s lawyer said the in­juries he sus­tained were from neg- ligence from Har­bour In­ter­na­tional.

It reads, “his in­juries and dam­ages were caused solely by the neg­li­gence of the ves­sel’s crew, in un­load­ing the cargo, for which the de­fen­dant 55104 New­found­land and Labrador, Inc., is vi­car­i­ously li­able.”

The new charges will be heard in provin­cial court in Har­bour Grace Sept. 20.

Com­pass file photo

The MV Aqviq sat at the wharf in Bay Roberts af­ter an in­ci­dent in July 2011.

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