Eastway Tank, president facing multiple OHSA charges in Ottawa blast that killed 6

A screen capture of the website for Eastway Tank. The website features this memorial image and nothing else. Photo: EastwayTank.ca

Workplace health and safety charges have been filed against an Ottawa company and its president in relation to the explosion in January 2022 that killed six workers.

Court filings show the charges, filed under the province’s Occupational Health and Safety Act (OHSA), include allegations that Eastway Tank failed to ensure the process of loading and “wet testing” a truck was carried out in an area with no potential sources of ignition, according to the CBC.

It also alleges that both Greene and Eastway Tank failed to provide “adequate information, instruction, and supervision to workers on safe fuel storage and handling procedures.”

Statement from the ministry

In a statement to OHS Canada, the Ministry of Labour, Immigration, Training and Skills Development outlined a summary of the charges.

On Jan. 5, 2022, Charges were laid against  Eastway Tank, Pump and Meter Limited, under the Occupational Health and Safety Act (“Act”), as an employer, for failing to:

• Count 1: ensure that the measures and procedures prescribed by section 63(c) of O. Reg 851/90 were carried out in a workplace located at 1995 Merivale Road, Ottawa, Ontario, contrary to section 25(1)(c) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1.

• Count 2: take every precaution reasonable in the circumstances for the protection of a worker at a workplace located at 1995 Merivale Road, Ottawa, Ontario, contrary to section 25(2)(h) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1.
• Count 3: provide information, instruction and supervision to a worker to protect the health and safety of the worker, in a workplace located at 1995 Merivale Road, Ottawa, Ontario, contrary to section 25(2)(a) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1.

Charges were also laid against an Individual, under the Act, as a director and officer of Eastway Tank, Pump and Meter Limited, for failing to:

• Count 4: take all reasonable care to ensure that the corporation complied with section 63(c) of O. Reg 851/90 in a workplace located at 1995 Merivale Road, Ottawa, Ontario, contrary to section 32(a) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1.

• Count 5: take all reasonable care to ensure that the corporation complied with section 25(2)(h) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1 in a workplace located at 1995 Merivale Road, Ottawa, Ontario, contrary to section 32(a) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1.

• Count 6: take all reasonable care to ensure that the corporation complied with section 25(2)(a) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1, in a workplace located at 1995 Merivale Road, Ottawa, Ontario, contrary to section 32(a) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1.

“Our thoughts are with the family and colleagues of the individuals who passed away,” the Ministry said in the statement. “As this matter is currently before the court, it would be inappropriate to speculate or comment further.”

Fines and penalties

Under the OHSA, the maximum fine possible against Eastway Tank is $1.5 million. The maximum fine possible against Greene is $100,000 and jail time of up to 12 months. While Ontario changed its workplace health and safety laws, ramping up maximum fines for company directors and officers to $1.5 million in 2022, this accident happened before the new legislation was put in place.

Matt Kearney, Rick Bastien, Etienne Mabiala, Danny Beale, Kayla Ferguson and Russell McLellan were killed in the blast and resulting fire on Jan. 13, 2022.

Criminal charges remain a possibility in this case. According to the CBC, the Ottawa Police Service said its investigation into the explosion is ongoing and “under no deadline.”