Eastway Tank and its owner, Neil Greene, pleaded guilty to three counts in connection with an explosion that killed six other people at an Ottawa business more than two years ago.
On January 13, 2022, an explosion and large fire occurred at the Eastway Tank plant on Merivale Road in South Ottawa. Rick Bastien, Etienne Mabiala, Danny Beale, Kayla Ferguson, Russell McLellan and Matt Kearney, all workers at the company, were killed in the explosion.
On Friday in Ottawa court, Eastway Tank pleaded guilty to two charges under the Occupational Safety and Health Act, while Greene pleaded guilty to one count.
The judgment ordered the company to pay a $600,000 fine, plus a penalty surcharge to the victim of 25 cents. Greene will pay a fine of $80,000 plus a penalty surcharge to the victim of 25 cents.
An agreement of facts, read in court, states that between 1. 20 p. m. and 1. 30 p. m. and 1. 30 p. m. On January 13, 2022, flammable liquid vapors ignited near one of the trucks and caused an initial explosion. Seconds later, a larger explosion caused the store’s roof to collapse.
The consensual facts indicate that two fuel resources used to check a truck suffered cross-contamination, which caused the explosion.
The Ontario fire marshal’s report concluded that there was an “explosion of gas and air vapors in the vicinity of the 4 employees” around a truck, according to the facts.
“Witness statements, as well as the effects of chemical controls, demonstrated that the gas involved in the explosion came from contaminated diesel fuel used in rain control. “
A rain test is part of the tank integrity checks that are performed on the tanks in the final phase of manufacturing, and all pipes, components, and pumps are checked to ensure that fluid is flowing in and out of the components as intended and without leaks.
“Eastway failed to take any and all moderate precautions in cases of coverage of personnel in a workplace,” the consensus facts state.
“Eastway did not have good enough procedures or education related to the handling and storage of fuel in the workplace. “
Rick Bastien, Kayla Ferguson, Russell McLellan, Danny Beale, Matt Kearney, and Etienne Mabiala all died as a result of an explosion and fire at Eastway Tank in January 2022.
The Ottawa courtroom was packed with family members and members of the victims Friday morning when the company and its owner pleaded guilty.
Kearney’s family members made a statement about the victim, saying, “To say we miss Matt would be an understatement of a lifetime. The loss of his life has left a palpable void in the hearts of all who knew him. “
“From a parent’s perspective, no parent has to think about outliving their child, let alone going through this pain, and in such a tragic way. Our parents are still the shell of who they were before the loss of their youngest child. And only son. “
Family members said Kearney called them from an ambulance on the day of the explosion.
“Hearing Matt’s voice when he called from the ambulance, telling us ‘this is not good, this is not good’. Sitting by his bed in his final hours, knowing he was scared and hurt, hoping to feel nothing,” they said.
The circle of relatives also reached out to Greene and Eastway Tank.
“Although Matt is our brother, son, uncle and friend, he also likes you as a relative of yours. Working his entire adult life at Eastway for over 14 years, you, Neil, were a close relative to him. “
Bastien’s sister told the court: “Rick Bastien is my older brother, my first most productive friend as a kid. To see him torn from our circle of family was the greatest pain I have ever felt in my life. Not just seven people, but a lot gente. de us Beyond the directly targeted families, there are those who know the circle of relatives and cry with them.
One comment from Ferguson’s sister’s victim read, “We had to plan my only sister’s funeral. “
“She was only 26 years old when our lives were updated forever. We were destined to grow old together. We have her ashes and her memories, but none of this will ever bring our beloved daughter to life. “
Ferguson’s sister told the court: “Learning to live without Kayla has been a devastating challenge. I will cherish his memory forever. “
“I’ll laugh like I did my sister. “
The trial was scheduled to begin last month, but an email sent to the families on March 1 indicated a guilty plea would be needed.
The Ontario Ministry of Labour imposed fees under the Occupational Safety and Health Act on Eastway Tank and its owner in January 2023. Under the Occupational Safety and Health Act, the maximum consequences for a company are $1. 5 million, while those charged under the law. You may be subject to a fine of up to $100,000, up to 12 months in jail, or both.
The charges alleged that Eastway Tank and Greene failed to take moderate precautions to ensure that a truck’s inspection was conducted on a domain without a potential ignition source. The Labor Department charges also alleged that the company and Greene failed to provide sufficient education and supervision to personnel in handling and garage fuel.
Eastway Tank and Greene had no convictions under the Occupational Safety and Health Act prior to the fatal explosion, according to the agreed facts.
The Ottawa Police Service says its investigation into the fatal injury is ongoing, adding that it is separate from the investigation under the Occupational Safety and Health Act.
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