Eastway Tank, owner plead guilty in 2022 explosion that killed 6 at Ottawa business

Eastway Tank and its owner, Neil Greene, pleaded guilty to three charges in connection to an explosion that killed six people at an Ottawa business more than two years ago.

On Jan. 13, 2022, there was an explosion and massive fire at the Eastway Tank plant on Merivale Road in Ottawa's south end. Rick Bastien, Etienne Mabiala, Danny Beale, Kayla Ferguson, Russell McLellan and Matt Kearney, all employees of the company, died in the blast.

At the Ottawa Courthouse on Friday, Eastway Tank pleaded guilty to two charges under the Occupational Health and Safety Act, while Greene pleaded guilty to one charge.

The judge ordered the company to pay a $600,000 fine, plus a 25 per cent victim surcharge. Greene will pay an $80,000 fine, with a 25 per cent victim surcharge.

An agreed statement of facts, read to the court, said that between 1:20 p.m. and 1:30 p.m. on Jan. 13, 2022, flammable liquid vapours in the area of one of the trucks ignited and caused an initial explosion.  A few seconds later, there was a larger explosion that caused the roof in the shop area to collapse.

The agreed statement of facts notes two sources of gasoline being used for testing a truck cross-contaminated, causing the explosion to happen.

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The Ontario Fire Marshal's report concluded that a "gasoline-air vapour explosion occurred within the vicinity of the four employees" around a truck, according to the statement of facts. 

"Witness statements along with chemical testing results supported that the gasoline involved in the explosion was the result of contaminated diesel testing fuel being used in the wet test."

A wet test is part of the tank integrity testing that is performed on tanks during the final stage of fabrication, and all hoses, compartments and pumps are tested to ensure that fluid moves in and out of the compartments as designed and without leaks.

"Eastway failed to take every precaution reasonable in the circumstances for the protection of workers at a workplace," the agreed statement of facts said.

"Eastway did not have adequate procedures and training relating to the handling and storage of the fuel in the workplace."

Rick Bastien, Kayla Ferguson, Russell McLellan, Danny Beale, Matt Kearney and Etienne Mabiala were killed following an explosion and fire at Eastway Tank in January 2022.

The courtroom at the Ottawa Courthouse was packed with family members of the victims on Friday morning as the company and its owner pleaded guilty.

The family of Kearney submitted a victim impact statement, saying, "To say that we miss Matt would be the understatement of a lifetime. The loss of his life has left a palpable void in the hearts of all who knew him."

"From a parents' perspective, no parents should ever have to think about outliving their child, let alone live through that grief, and in such a tragic way. Our parents remain a shell of who they once were before the loss of their youngest child and only son."

The family 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 'it's not good, not good.' Sitting by his bedside in his final hours, knowing that he was scared and hurt, hoping he felt nothing," they said.

The family also addressed Greene and Eastway Tank.

"Although Matt was our brother, son, uncle and friend, he was also like family to you. Working his entire adult life at Eastway for over 14 years, you, Neil, were family to him."

Bastien's sister told the court, "Rick Bastien is my eldest brother, my first best friend as children. Having him torn from our family was the most pain I have ever felt in my life. This did not impact just seven individuals, it impacted hundreds of us. Beyond the families directly impacted are those who know the family and grieve among with them."

A victim impact statement from the sister of Ferguson said, "We had to plan a funeral for my only sister."

"She was only 26 when this changed our lives forever. We were supposed to grow old together. We have her ashes and memories, but all of that will never replace our beloved girl."

Ferguson's sister told the court, "Learning to live without Kayla has been a devastating challenge. I will forever keep her memory alive."

"I’ll never laugh like I did with my sister."

A trial was scheduled to begin last month, but an email sent to families on March 1 said a guilty plea was expected to be reached.

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The Ontario Ministry of Labour laid Occupational Health and Safety Act charges against Eastway Tank and its owner in January 2023. Under the Occupational Health and Safety Act, the maximum penalties for a corporation are $1.5 million, while individuals charged under the act can face a fine of up to $100,000, up to 12 months in prison or both.

The charges alleged Eastway Tank and Greene failed to take reasonable care to ensure a wet test on a truck was carried out in an area with no potential source of ignition. The Ministry of Labour's charges also alleged the company and Greene failed to provide adequate training and supervision to workers on the safe handling and storage of fuel.

Eastway Tank and Greene had no Occupational Health and Safety Act convictions prior to the deadly explosion, according to the agreed statement of facts.

The Ottawa Police Service says its investigation into the fatal workplace accident continues, adding it's separate from the Occupational Health and Safety Act investigation.