Companies guilty of not having rescue equipment in engineer's drowning, judge rules

Three companies have been found guilty of failing to have the proper rescue equipment on site in the case of an engineer who drowned at a Nova Scotia Power reservoir nearly four years ago. 

Andrew Gnazdowsky, 26, died in the Marshall Falls reservoir in Sheet Harbour, N.S., on Oct. 16, 2020, after he went into the water to try to retrieve a piece of malfunctioning survey equipment. 

Nova Scotia Power, Brunswick Engineering and Consulting Inc. of Saint John, N.B., the company that Gnazdowsky worked for, and Gemtec Consulting Engineering and Scientists Ltd. of Fredericton were charged under the Occupational Health and Safety Act in 2022. 

On Friday, Judge Elizabeth Buckle rendered her decision in Halifax provincial court, convicting all three companies on the same charge and finding Gnazdowsky's employer guilty of two additional charges for failing to implement procedures for working on water and using the remote-controlled survey equipment. 

"I'm happy to see that everyone was held responsible because I strongly believe that everyone's responsible to ensure that everyone comes home safe at the end of the day," said Richel Gnazdowsky, Andrew's mother.

Gnazdowsky's parents said the past four years have been challenging as they travelled to Halifax from their home in Rothesay, N.B., for the trial and different hearings. 

"It's been difficult. We basically parked our life on hold because we're working around court schedules," said Glen Gnazdowsky, Andrew's father.

"We're all anxious during this whole period. So you feel it, you're snippy at each other, you know? It's a difficult time to go through," he said.

Crown pleased with decision

Crown attorney Alex Keaveny told reporters after the decision that he was happy the judge agreed Gnazdowsky's death was preventable.

"The tragedy here is that had this equipment been on-site, Andrew would still be alive today," Keaveny said.

Gnazdowsky's parents said they were pleased each company was convicted of failing to have appropriate on-site rescue equipment, such as a boat, because their son regularly assured them his job was safe because those resources were available. 

"I think that this is the critical part of the event," Keaveny said. He said each company should have known the Occupational Health and Safety Act requires rescue equipment to be accessible when working on water. 

"Where there's a risk of drowning, you have to have this equipment on-site. It's laid out there [in the act]. There's no excuse for not being ready," he said.

Gnazdowsky was helping a colleague conduct a bathymetric survey, a type of underwater mapping, using a piece of equipment that was controlled remotely before he entered the water to try to recover the device.

Companies acquitted of other charges

Buckle acquitted Brunswick Engineering of two additional charges of failing to conduct a hazard assessment of the site and failing to provide proper flotation devices.

"We had thought that by taking the precaution of using a robot-controlled boat that we would have eliminated the risks of going into the water and the judge is telling us that more was necessary," said Brian Casey, the lawyer representing Brunswick Engineering.

"We were very sorry that the drowning had happened in the first place. The employee was somebody who was much loved at Brunswick and you know his loss was acutely felt," Casey said.

Gemtec Consulting was acquitted of five charges, including failing to conduct a safety orientation with all employees and subcontractors, and failing to review safety plans. 

Brad Proctor, who represents Gemtec Consulting, offered condolences to Gnazdowsky's family and friends. But Proctor said there would be no further comment with the matter still before the court.

Nova Scotia Power was acquitted of four charges, including failing to properly monitor subcontractors.

In an email, a spokesperson for the utility said Nova Scotia Power continues to offer its condolences to the Gnazdowsky family. 

"It has made us all reflect on how we must continue to prioritize safety across all areas of our organization. We want to reassure our employees, contractors, and customers that safety will remain at the centre of everything we do, and every decision we make," the email said. 

The matter will be back in court on Aug. 30 to set a date for sentencing.