Ottawa Construction Company Fined $75,000 Following Workplace Explosion

Convicted: 8169195 Canada Inc., operating as Above Water, a foundation repair, waterproofing and concrete repair company; 544 rue Tyler, Gatineau, Quebec, J9H 4L3.

Location of Workplace: A private residence, Hadley Circle, Ottawa, Ontario

Description of Offence: A worker was injured in an explosion while they were applying a flammable adhesive in a trench. Above Water failed, as an employer, to ensure that the project was adequately ventilated. This was contrary to section 46(1)(b) of the Regulation for Construction Projects and an offence under section 25(1)(c) of the Occupational Health and Safety Act.

Date of Offence: August 30, 2023

Date of Conviction: July 15, 2026

Penalty Imposed:

• Following a guilty plea in the Provincial Offences Court in Ottawa, Above Water was fined $75,000 by Justice of the Peace Mahamud H. Elmi; Crown Counsel was Tianna Gomes.
• 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.

Background:

• Above Water was contracted to perform foundation repair and window well system installation at a residential property in Ottawa.
• On the day of the incident, a worker was applying Henry Blueskin Adhesive to a rear foundation wall. Henry Blueskin Adhesive is a flammable liquid that can produce ignitable vapours.
• The worker was at the bottom of an un-shored trench that was approximately eight feet deep and three feet wide.
• While they were applying the adhesive, an explosion occurred within the trench. The worker was injured.
• A Ministry of Labour, Immigration, Training and Skills Development investigation determined that the flammable liquid was producing ignitable vapours in the trench while no atmospheric monitoring or ventilation was being used.
• As a result, Above Water failed to ensure the work area was properly ventilated to prevent an explosive atmosphere from developing, contrary to section 46(1)(b) of Ontario Regulation 213/91 (Construction Projects) and section 25(1)(c) of the Occupational Health and Safety Act.