Excerpt from the government of Ontario’s ‘Newsroom’
The company involved was Eastway Tank, Pump and Meter Limited, a company that manufactured and serviced tank trucks, from Nepean, Ontario. The company’s director was Neil Greene.
On January 13, 2022, six workers were fatally injured, and one worker was critically injured, after an explosion. Eastway Tank, Pump and Meter Limited failed to take every precaution reasonable in the circumstances for the protection of workers, contrary to section 25(2)(h) of the Occupational Health and Safety Act. The company also failed to provide adequate information, instruction and supervision to workers to protect their health and safety, contrary to section 25(2)(a) of the Act. Neil Greene failed to take all reasonable care to ensure that the corporation complied with section 25(2)(h) of the Act, contrary to section 32 of the Act.
Following a guilty plea in the Ontario Court of Justice in Ottawa, Eastway Tank, Pump and Meter Limited was fined $600,000, and Neil Greene was fined $80,000, by Judge Mitch Hoffman. Crown Counsel were Daniel Kleiman, David McCaskill and Katie Krafchick.
The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
Eastway Tank, Pump and Meter Ltd. Was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 2(a) and 2(h) which state,
“An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker, and
(h) take every precaution reasonable in the circumstances for the protection of a worker.”
The company’s director was Neil Greene, was found guilty of section 32 of the OHSA which states,
“Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,
(a) this Act and the regulations;
(b) orders and requirements of inspectors and Directors; and
(c) orders of the Minister.”
Very simple here. The workers needed to know all the associated hazards of the work to be performed and Neil Greene, the company director, SHOULD have known that he MUST be responsible for his workers.
Such a tragedy! Worst one I have seen the Metron accident of 2009.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.