WorkSafeNB has laid nine charges against Wal-Mart and a supervisor in relation to a workplace death last January in Grand Falls, N.B. (CBC)

Wal-Mart and one of its supervisors are facing charges for breaching the Occupational Health and Safety Act in the death of a 17-year-old New Brunswick boy who died in January, according to WorkSafeNB.

Patrick Desjardins was electrocuted while using a floor buffing and polishing machine on the wet floor of a garage at the Wal-Mart in Grand Falls, N.B., where the Grade 12 student had been working part-time.

The teen was discovered by another staff member and rushed to the Grand Falls General Hospital, where he was pronounced dead.

WorkSafeNB has laid eight charges against Wal-Mart Canada and three charges against supervisor Denis Morin, who WorkSafeNB said did not meet the standards required of a person in that position.

Mike McGovern, a lawyer with WorkSafeNB, said Morin is accused of allowing the use of an inappropriate floor polisher and a faulty extension cord.

"The floor polisher itself was not intended to be used in a wet environment and the extension cord was not intended to be used in a wet environment, either," he told CBC News.

The combined 11 charges came after a lengthy investigation by WorkSafeNB, which the agency said is standard after workplace deaths or serious accidents.

WorkSafeNB says Wal-Mart failed to ensure:

• The health and safety of employees by allowing the use of an inappropriate floor polisher.
• Workers complied with specific requirements when using a tool.
• The garage was inspected by the employer at least once a month.
• The floor polisher was inspected before use.
• Workers were told to only use the floor polisher for the intended purpose.
• The floor polisher was tested for the effectiveness of the double insulation.
• Electrical equipment was maintained and modified according to the manufacturer's specifications.

Court appearance in January

McGovern told CBC News the court proceedings — which begin Jan. 10 in Grand Falls — could take up to six months.

He said Wal-Mart Canada may be the largest corporation charged by WorkSafeNB, which may affect potential penalties against the parties if they are found guilty.

"Courts will tend to follow particular case law which looks at the size of the company, the severity of the accident, the atmosphere, the culture of the workplace, several factors," said McGovern.

"Given the size of the company, it's really difficult to even predict what sort of fine level could be issued by the court."

Fabien Desjardins, Patrick's father, had told CBC News he felt his son died as a result of negligence.

"We're not calling this an accident," Desjardins said in January.

"If you're driving down the road and you hit a moose, that's an accident. If a drunk driver hits you and kills your whole family, that's not an accident — that's negligence.

"What happened to Patrick, as far as we're concerned, I'm calling it negligence."

The Desjardins filed a civil lawsuit short after their son's death. They settled out of court for an undisclosed amount.

WorkSafeNB court documents