R. v. Drosts Supermarket Ltd., 2003 CarswellNB 458, 2003 NBQB 384 (N.B. Q.B.)
Save Easy is a medium-sized supermarket in the Village of Bath, N.B. It is a family business owned by Gailen Drost, who has been actively involved in the day-to-day operation of the store for nearly 40 years.
In 2001 a Coca-Cola employee was delivering 260 12-packs of Coke to Drost. The employee had been making deliveries to Drost for about 20 years, and knew exactly where to drop off the pop. A series of conveyor belts took products down into the basement.
During this delivery, a case got stuck between two conveyor belts, and while the delivery man was trying to remove the jammed case, his left hand became lodged in the belts.
He suffered serious injury to his hand in the seconds before Drost stopped and reversed the conveyor belt to free his hand.
The system had been installed by Drost’s father around 1962 and was well maintained. In the nearly 40 years since then, it had caused two relatively minor injuries in addition to the current one.
Drost impressed the court as a person who was genuinely concerned about safety, and who was not trying to cut corners but believed, erroneously, that his machinery was safe.
The court, however, found Drost guilty of “failing to provide an adequate safeguard where an employee may come into contact with a pinchpoint on a machine that may be hazardous.” The matter was remitted to a trial judge for sentencing.
Save Easy is a medium-sized supermarket in the Village of Bath, N.B. It is a family business owned by Gailen Drost, who has been actively involved in the day-to-day operation of the store for nearly 40 years.
In 2001 a Coca-Cola employee was delivering 260 12-packs of Coke to Drost. The employee had been making deliveries to Drost for about 20 years, and knew exactly where to drop off the pop. A series of conveyor belts took products down into the basement.
During this delivery, a case got stuck between two conveyor belts, and while the delivery man was trying to remove the jammed case, his left hand became lodged in the belts.
He suffered serious injury to his hand in the seconds before Drost stopped and reversed the conveyor belt to free his hand.
The system had been installed by Drost’s father around 1962 and was well maintained. In the nearly 40 years since then, it had caused two relatively minor injuries in addition to the current one.
Drost impressed the court as a person who was genuinely concerned about safety, and who was not trying to cut corners but believed, erroneously, that his machinery was safe.
The court, however, found Drost guilty of “failing to provide an adequate safeguard where an employee may come into contact with a pinchpoint on a machine that may be hazardous.” The matter was remitted to a trial judge for sentencing.
