Company's actions, decisions and omissions were 'contrary to established regulations and best practices in the industry'
Eastway Tank, Pump and Meter committed a series of negligent acts that resulted in the explosion that killed six people back in 2022, according to a recent report.
The explosion claimed the lives of Rick Bastien, Etienne Mabiala, Danny Beale, Kayla Ferguson, Russell McLellan, and Matt Kearney at the decades-old family business on Merivale Road in Ottawa.
The negligent acts were detailed in an information to obtain (ITO) that Det.-Sgt. Michael Cathcart wrote in September 2023 to convince a judge to authorize more search warrants in the case, CBC reported.
These negligent acts include:
- Failing to ground and bond the truck that exploded – a standard recommended precaution that prevents sparks and dissipates static charge into the ground.
- Building the truck that exploded with some used parts that were not properly cleaned of flammable liquids, and that a lack of "clearly defined cleaning and verification protocols … [caused] a reckless attitude toward safety."
- Lacking written procedures for various tests done.
- Using coloured diesel to flush out gasoline from tanks and using the colour to determine when gasoline was no longer present.
- Diluting tanks of diesel contaminated with gasoline by adding more diesel, instead of disposing of the contents of the tank.
- Monitoring contamination inconsistently.
One witness said only two people were trained to use a piece of equipment used to test for fuel contamination. An employee working on a different truck on the day of the explosion told police he used his sense of smell to verify what had been inside its tank.
‘Contrary to established regulations and best practices’
Eastway's actions, decisions, and omissions were "contrary to established regulations and best practices in the industry" and constitute "wanton & reckless disregard for the lives and safety of the employees at Eastway,” Cathcart wrote, according to the CBC report.
The ITO also detailed one employee’s claim that Eastway offered “minimal” training to workers. The worker – who had been with the employer for six years – also said that the workplace felt "dangerous and intimidating" when they started but that the feeling lessened over time.
CBC – citing the ITO – also reported that one employee who had been with the employer for seven years said that the company hired one worker who "immediately sought to improve safety at the business." However, that worker – who came in in 2016 – was terminated in 2019 for reasons not spelled out in the ITO.
That led Cathcart to successfully ask a judge to expand the investigation by more than five years, "to establish the level/culture of safety at Eastway" prior to, during, and after the man's time at the company, according to CBC.
In January 2023, Ontario’s Ministry of Labour laid three health and safety act charges against Eastway and its owner in relation to the incident.
In November 2023, Ontario's Office of the Fire Marshal (OFM) concluded its investigation into the cause, origin, and circumstances of the Eastway explosion. However, details were not released back then.
Years before the explosion and fire at Eastway Tank, Pump and Meter in 2022, one former employee had sued the company following a 2008 explosion, according to a previous report.
