'My stomach just turned': Families react to charges against Eastway Tank - Action News
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Ottawa

'My stomach just turned': Families react to charges against Eastway Tank

Family members of Eastway Tank workers who died in an explosion at the Ottawa tanker manufacturer's site last year are reacting to the news that the company now faces charges under the province's workplace safety laws.

6 people died in January 2022 explosion at Ottawa tanker manufacturer's site

A composite photo of six people killed by an explosion.
Clockwise from top left: Matt Kearney, Etienne Mabiala, Danny Beale, Rick Bastien, Russell McLellan and Kayla Ferguson were killed after an explosion and fire on Jan. 13, 2022, at Eastway Tank, Pump and Meter Ltd., a tanker truck manufacturer in south Ottawa. (Submitted photos)

Janet Ferguson says she didn't like that her daughter worked at Eastway Tank, Pump &Meter a place where she and five other employees were killed after an explosion almost a year ago.

On Jan. 13, 2022, Kayla Ferguson, Rick Bastien, Etienne Mabiala, Danny Beale, and Russell McLellandied at the Ottawa tanker manufacturer's site on Merivale Roadafter a blast and fire. A sixth employee,Matt Kearney,succumbed to his injuries in hospital the next day.

Before her daughter's death,Ferguson said it was scary to hear hertalk aboutprevious firesat the site.

When the company and its owner, Neil Greene, were charged earlier this week with several safety contraventions that allegedly occurred in the lead-up to the Jan. 13 explosion, Ferguson said she had a visceral reaction.

"My stomach just turned," she said.

Greene could not be reached for comment Friday. The allegations against him have not been proven.

Afirst court date is scheduled for Feb. 17.

Kayla Ferguson and mother Janet Ferguson
Janet Ferguson, right, said her daughter Kayla Ferguson, who died in the Eastway Tank explosion, was her best friend. (Janet Ferguson/Facebook)

Greene and his companyeach face three charges under Ontario's Occupational Health and Safety Act, includingnot taking reasonable precautions to protect workers.

"Our thoughts are with the family and colleagues of the individuals who passed away," the ministry said in an emailed statement. "As this matter is currently before the court, it would be inappropriate to speculate or comment further."

Drone footage shows extensive damage after Merivale Road fire

3 years ago
Duration 1:13
A major fire on Jan. 13, 2022 left the site of a Merivale Road business, Eastway Tank Pump and Meter Ltd., heavily damaged. The explosion killed six people.

Current penalties 'not enough': families

If convicted,Eastway Tank would face a maximum fine of $1.5 million as a corporationand Greene would face a maximum fine of $100,000, jail time of up to 12 months, or both.

"I don't think it's enough," Ferguson said of the penalties facing Greene as an individual.

Louise Martel, who lost her partner Rick Bastien in the explosion, agreed.

"Twelve months isnot enough for what we lost," Martel said of a potential conviction. "They're not coming back, so why should hebe out there living his life?"

Rick Bastien and Louise Martel
Louise Martel said she was planning to marry Rick Bastien in the summer of 2022, but he died earlier that year while working for Eastway. (Courtesy Louise Martel)

The actwas amended in April to increase the maximum fine for directors of corporations to $1.5 million, but itbecame lawafter theJanuary 2022 explosion and thereforecan't be applied in this case.

Still, Martel said she was glad the incident was not being "swept under the carpetand somebody will be[held accountable]."

Need better safety standards, says son

Bastien's son Josh Bastien worked at Eastway alongside his father until the spring of 2021. He said he left the company over safety concerns and he's hopeful a conviction could help lead to broader change in the industry.

"I worked for so many lax companies. It's not just Eastway," he said. "As a country we need better safety standards and enforcement, specifically on sectors where lives are in jeopardy the most."

Soon after the January 2022 explosion,CBC spoke with three former Eastwayemployees, including Josh Bastien,who allegedunsafe working conditionsthere, includingfires, improper storage of flammable chemicals andwelding near "hot trucks" tankers that still contained fuel or flammable residue.

In a statement to CBC News at the time, Greene called the allegations"unfounded."

One of the charges filed against Eastway this week alleges the companyfailed to take one ormore precautions to protect workers. That includesensuring that a truck "was free of gasoline or any other flammable liquid or substancewhile work and/or testing capable of being a source of potential ignition was taking place on or near the truck."

Josh Bastien, right, and his father Rick Bastien prepare a meal while camping. Josh Bastien left Eastway Tank in 2021. (Submitted by Josh Bastien)

'Emotions are high,' says former employee

Martel said she'd like to see the ministry conduct more inspections of workplaces particularly those done without notifying companies first.

The Ministry of Labour says inspectorspreviously found issues at Eastwayrelated to ventilation, welding safety and trainingand exposures to hazardous chemical substances in June 2017 issues the ministry said were promptly addressed.Thatfield visit was made in response to a workplace health and safety complaint.

Chris Collins worked as an electrician at Eastway Tank for about three years. He left in March 2021. (Submitted by Chris Collins)

One of the other former Eastway workers who spoke to CBC after the explosion, Chris Collins, said it's been a hard year, particularly for families that went throughtheir first Christmas without loved ones.

"I know emotions are high as the anniversary comes up as well," he said.

Ferguson said still not knowing the exact cause of the explosion nags at her.

"I really wish [Kayla]was still here," she added.