Eastway Tank faces charges in 2022 fatal explosion at Ottawa business

Eastway Tank is facing charges under Ontario's Occupational Health and Safety Act in connection to the deadly explosion and fire at the facility in Ottawa's south end nearly one year ago.

Six employees died in an explosion and fire at the custom manufacturer of tank trucks on Merivale Road on Jan. 13, 2022. Rick Bastien, Etienne Mabiala, Danny Beale, Kayla Ferguson, Russell McLellan and Matt Kearney were killed in the explosion.

The Ministry of Labour, Immigration, Training and Skills Development tells CTV News Ottawa that three health and safety act charges were laid against Eastway Tank, Pump and Meter Ltd., and three charges against an individual, as director and officer of Eastway Tank, on Thursday. The Ministry of Labour, Immigration, Training and Skills Development did not name the individual facing charges.

Court documents obtained by CTV News identify the director as Neil Greene. 

The three charges against Eastway Tank, Pump and Meter Ltd. are:

• 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.

Greene is charged with the following:

• Count 1: failing, as a director and officer of Eastway Tank, Pump and Meter Limited, to 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 Rd., Ottawa, Ontario, contrary to section 32(a) of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1.
• Count 2: failing, as a director and officer of Eastway Tank, Pump and Meter Limited, to 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 Rd., Ottawa, Ontario, contrary to section 32(a) of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1.
• Count 3: failing, as a director and officer of Eastway Tank, Pump and Meter Limited, to 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 Rd., Ottawa, Ontario, contrary to section 32(a) of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1.

The particulars of the charges allege Greene failed to take reasonable care to ensure the process of loading and wet testing the Renway truck, that produced a vapour to such an extent as to be capable of forming an explosive mixture with air, was carried out in an area with no potential sources of ignition. He is also accused of failing to ensure the diesel fuel for the truck and the truck itself were not contaminated with gasoline or any other flammable liquid, and he is also accused of failing to provide adequate training and supervision to workers concerning safe handling and storage of fuel.

The charges under the Ontario Occupational Health and Safety Act are not criminal charges. Under the Occupational Health and Safety Act, the maximum penalties for a corporation are $1.5 million. Individuals charged under the act can face a fine of up to $100,000, up to 12 months in prison, or both.

"Our thoughts are with the family and colleagues of the individuals who passed away," the Ministry of Labour, Immigration, Training and Skills Development said in a statement.

"As this matter is currently before the court, it would be inappropriate to speculate or comment further."

President of the Ottawa and Distrtict Labour Council Sean McKenny said the charges were expected.

"Six people lost their lives," he said. "When people go to work, they are expecting to come home at the end of the day. We had six workers that perished that day and what a terrifying way to go, as well, with an explosion, with that kind of fire... just devastating and terrible."

Rick Bastien's daughter Tracy Pritchard says she's relieved that there is some progress toward an answer about what happened to her father.

"It is a little bit overwhelming, hearing the news, because it is rehashing that day and it has caused some overwhelming emotions for sure," she told CTV News. "I don’t want him to be remembered for working at Eastway. I want him to be remembered for the man that he was. He was an amazing man. If you needed help, he was always there."

She added that he loved her kids and always wanted to take them to Disney. "We are doing that this year, in my dad's memory," she said.

Pritchard said she hopes there will be accountability for what happened to Bastien and the five other people who were killed.

"He would always tell us that he felt unsafe there," she said, "that there were workers there that weren't properly trained." 

The Ontario Fire Marshal and the Ottawa police continue to investigate the fatal explosion and fire.

--With files from CTV's Natalie van Rooy.