A 2022 Ottawa explosion and fire killing six workers has resulted in the recent arrest of the company owner, reminding us of what can happen if the duty of care is ignored.
 
Neil Greene, owner of Eastway Tank, Pump & Meter Limited was arrested and charged September 11, 2025, with six counts of criminal negligence causing death and one of criminal negligence causing bodily harm to another affected worker in the deadly incident. 
 
Dead are Rick Bastien, Danny Beale, Kayla Ferguson, Matt Kearney, Etienne Mabiala and Russell McLellan, and injured, Tanner Clement.
 
Criminal charges brought against Greene have yet to be tested in court. What has been tested in court though, are provincial offenses relating to this case under the Occupational Health and Safety Act (OHSA). In April 2024, the company and Greene pleaded guilty to failing to take every precaution reasonable in the circumstances for the protection of a worker (s. 25(2)(h), OHSA). The company also pleaded guilty to failing to provide adequate information, instruction and supervision to workers to protect their health and safety (s. 25(2)(a), OHSA).
Fines and surcharges added up to $850,000.

The steep cost of unsafe work

Almost one year to the day after the 2022 Eastway Tank tragedy, an explosion and fire at a hazardous waste management facility in St. Catharines, Ontario, since ordered permanently closed, caused the death of Ryan Konkin, 37. Two company directors, Steve Baker and Tyler Baker, are now facing criminal negligence causing death and arson by negligence charges. A third director initially faced the same charges, but they have since been withdrawn. 

These same directors and the company, Ssonix Products, are also facing charges under the Environmental Protection Act and Ontario Water Resources Act and OHSA. The health and safety charges include failure to provide a worker with adequate training on:

• working with explosive mixtures,
• adding polymer to a treatment tank,
• transportation of dangerous goods, and
• WHMIS.  

Earlier this year, a supervisor for an Ontario dump truck firm was sentenced to five years in prison after being convicted of criminal negligence relating to the 2020 death of Denis Garant. The court found the supervisor, Milton Urgiles, directed Mr. Garant, a driver under his supervision, to drive a truck that was not road worthy, thus showing “a wanton and reckless disregard for Mr. Garant’s life.”

WHSC SUPERVISOR & JHSC CERTIFICATION TRAINING. Register for these and other programs designed to support safer work, and thereby limiting criminal liability.  

Why training matters.

Has your workplace taken all reasonable steps to protect workers?

Ontario’s Occupational Health and Safety Act (OHSA) is very clear employers and supervisors have the greatest responsibility to protect workers. Canada’s Criminal Code offers a similar take with rules for attributing criminal liability to owners, directors, managers, supervisors, lead hands and contractors, who direct the work of others (s. 217.1 and 219). In short, those with a duty to protect workers who fail to do so and act with wanton or reckless disregard for the life and safety of the worker, can be charged with criminal negligence causing injury or death. Corporations can also be charged (s. 22.1).

Since 2004 when the Criminal Code was amended to introduce these new rules, criminal negligence charges were brought against at least 16 corporations and more than 20 individuals in cases of significant worker injury or death.
 
As the Eastway Tank and Ssonix Products cases demonstrate an important part of meeting employer health and safety duties is to ensure workers are provided with information and instruction to protect their health and safety. Training is an essential way employers meet this obligation.

WHSC Asbestos, Chemical Hazards and WHMIS, NOW 50% OFF. Register today.

A wide range of training is also specifically mandated by health and safety law including WHMIS, working at heights, transportation of dangerous goods, certification for joint health and safety committee members. Certain equipment operators must be trained and competent. Also required is basic occupational health and safety awareness training for workers and supervisors. Employers must also ensure supervisors are competent and able to meet their significant legal obligation to protect workers.

How WHSC helps.

Workers Health & Safety Centre (WHSC), Ontario’s only government-designated health and safety training delivery organization, has been a trusted training provider for workers, worker representatives, supervisors and employers in every sector across Ontario for almost 40 years.
 
WHSC training is designed to empower supervisors to lead with competence, helping them to meet their significant obligations. It prepares joint health and safety committee members (JHSC) and health and safety reps in smaller workplaces to act on their legal right to participate in measures to pursue safer work. It also supports the worker’s right to know about workplace hazards and ways to safeguard their lives and livelihoods.
 
In short, WHSC training is not just focused on meeting minimum obligations. It supports the proper functioning of the internal responsibility system (IRS) and it can go a long way to keeping those who direct work out of the crosshairs of the criminal justice system.

Be sure to check out our considerable catalogue of FRENCH TRAINING PROGRAMS.

Related resources
Criminal negligence in worker deaths summary 2004 through 2024
SPECIAL C-45 REPORT: Prison for supervisor found negligent in worker death
Charges laid in the 2022 explosion at Eastway Tank
Three charged in St. Catharines, Ont. Waste plant explosion that killed worker

Need more information?
Contact a WHSC Training Services Representative in your area.
Email: contactus@whsc.on.ca
Visit: whsc.on.ca
Connect with and follow us on X, Facebook, LinkedIn, Instagram and YouTube