Digby - A Digby County man and his company have been charged in the death of a commercial diver last March off Digby Neck.

Dwayne Elton Theriault, 39, of 75 Shore Rd., Little River, faces four counts under the Occupational Health and Safety Act.

The body of Steven Allan Moore, 40, of North Range, Digby County was found in a cove by RCMP divers March 23, three days after he went missing.

Mr. Moore had been diving for sea urchins near Centreville, Digby County.

Police handed the investigation to the Labour Department; the charges were laid late Tuesday at the Digby courthouse.

Mr. Theriault and Courtnakyle Fisheries Ltd., also of 75 Shore Rd., are charged with failing to ensure workplace safety by allowing Mr. Moore to dive without a knife, secondary air supply, standby diver, recall system, diver buoy and life-line; failing to ensure safety equipment was available; failing to follow a code of practice; and failing to ensure the propeller on the vessel Doug's Dream was adequately guarded.

Arraignment is set for Oct. 20 in Digby provincial court.

Mr. Theriault is listed with the registry of joint stock companies as a director of Courtnakyle Fisheries.

Mr. Moore entered the water with other divers around 11 a.m. on March 20. He did not return to the surface when expected and within minutes the other divers and fishing vessels began a search.

The Digby search and rescue team scoured the shoreline, assisted by a helicopter and fisheries and coast guard boats.

Police would not say if Mr. Moore had become entangled.

Holders of sea urchin licences can have no more than four divers in the water at one time, say federal fisheries regulations.

Usually at least two people remain on a dive boat, one to watch divers and one to handle the urchins as they are hoisted aboard.

Divers must be registered as commercial fishermen.

Fines under health and safety laws can range up to $250,000.