Report from the OH&S Canada magazine Spring (2024)
An Ontario company and its director have been fined a total of $680,000 after an explosion killed six workers and seriously injured another in January 2022.
The incident happened at Eastway Tank, Pump, and Meter Limited’s facility in Nepean, Ontario, just outside of Ottawa.
On January 13, 2022, workers inside the company’s fabrication shop performed a wet test on a newly built tank truck to check for leakage. This entailed running diesel test fuel through different compartments of the tank and other truck components.
This was a routine operation at the workplace. Workers knew never to use gasoline and the company standard operating procedure that prohibited gasoline, or any tanker truck containing gasoline, from entering the fabrication shop in a tank outdoors.
The day before, another worker had used the diesel test fuel to wet a different newly built tank truck outdoors. They left the diesel test fuel in the truck to calibrate the diesel motor. At some point, more fuel was added to the truck.
A worker pumped the diesel test fuel from the truck outside into the truck in the fabrication shop. That afternoon, flammable liquid vapours in the vicinity of the truck in the shop ignited, causing one explosion followed by a second larger explosion. Seven workers were injured, six fatally and one critically, as a result.
Following the explosions and fire, several fuel storage tanks at the workplace were tested for contamination. Gasoline was identified as a contaminant in several tanks of diesel, and diesel identified as identified in a tank of gasoline.
An Ontario Fire Marshall investigation found that the gasoline involved in the explosion was the result of contaminated diesel test fuel being used in the wet test. The diesel test fuel from the outdoor storage tank was contaminated with gasoline, and it was increasingly contaminated by gasoline cross-contaminated sufficiently to cause the explosions.
Following a guilty plea in the Ontario Court of Justice in Ottawa, Eastway Tank, Pump and Meter Limited was fined $600,000 and director Neil Greene was fined $80,000.
My opinion
It seems there were no hazard assessments and the accidental infusion of the wrong fuel was either not noticed or, the person(s) involved, were too afraid to report it.
Either way, 6 workers were killed unnecessarily.
I do know the green book very well and Neil Greene must have been convicted of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 32, subsection (a) which states,
“Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,
- this Act and the regulations.”
The company, itself, could have been charged under the OHSA, section 25, subsection 2(h) which states,
“An employer shall,
(h) Take every precaution reasonable in the circumstances for the protection of the worker.”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at info@hrsgroup.com
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.
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