A Conception Bay South-based company is facing occupational health and safety charges after a fatal accident two years ago.

Farrell's Excavating is scheduled to appear in court in Gander Tuesday on four charges, including failing to provide health and safety training and supervision and not ensuring equipment was properly maintained.

Matthew Fagan, 23, died in August 2009 when a pavement-stripping machine overturned on him in a water-filled ditch.

The incident happened near the Trans-Canada Highway, east of the Lewisporte Junction.