A decision is expected sometime in the new year on whether a Cape Breton brewery and restaurant will have to close temporarily after an intoxicated employee died in 2023.
An autopsy report shows 48-year-old brewmaster Dallas Lewis was heavily intoxicated when he fell off the roof and died at the Route 19 Brewery in Inverness, N.S.
RCMP and the Nova Scotia Department of Labour both investigated, but laid no charges.
The province’s alcohol, gaming, fuel and tobacco division also investigated and alleged three violations of liquor licensing regulations, including allowing an employee to be intoxicated on the job, overserving someone and not having control of the premises.
After a Nova Scotia Utility and Review Board hearing in September in Port Hood, government regulators said Lewis had been working the day he died and was seen on the bar’s security video pouring beers and taking them to a table where he was drinking with others.
He was also seen performing some work tasks, such as fixing the dishwasher and providing a tour of the brewery, and seen staggering and dancing, which were called out of character for him.
Company denies allegations
Lawyers for the company argued the alleged violations should be dismissed without penalty because the brewmaster was not overserved and staff could not have foreseen his fall from the roof.
They said if the board finds the facility did violate the regulations, staff held an “honest but mistaken belief of fact” that they did their due diligence and all reasonable steps were taken to prevent any violations.
They said if that’s the case, a shorter penalty would be warranted.
The defence also said it’s not up to the board to assess blame in Lewis’s death or use it as grounds to impose a harsher penalty.
“While the loss of Mr. Lewis’s life is undoubtedly devastating, this matter strictly pertains to alleged violations of the regulations … rather than the death of Mr. Lewis, which is not relevant to the determination of liability or penalty in this matter.”
The defence said there were no previous instances of violations of the licensing regulations and the premises was visited by a liquor inspector just days before Lewis’s fatal fall.
Safety law infractions
However, in an email to CBC News, the Department of Labour said its inspectors did record provincial safety law infractions on July 12, 2023, just one day before the brewmaster’s death.
The province said Route 19 was issued four orders for:
- not having a joint occupational health and safety committee.
- not having an emergency eyewash station and/or shower.
- not having the dock leveller inspected.
- having the garage door held open by a piece of wood.
The premises was also issued five warnings that day for:
- not having an occupational health and safety policy.
- not having personal protective equipment available when using caustic chemicals.
- improperly using Grade 3 ladders.
- having materials blocking electrical panels.
- not having a violence in the workplace prevention statement.
Lawyers for both sides have filed final submissions, with the government calling on the review board to shut down the premises for 60 days.
The company said no penalty is needed. It said if any regulations were broken, it was not the fault of the company or its staff.
The review board is expected to decide within 90 days.
MORE TOP STORIES
;Resize=(620)&w=390&resize=390,220&ssl=1 "Halifax organization preparing thousands of meals for those in need")
