On September 2, 2022, a catastrophic explosion rocked the Come By Chance refinery in Newfoundland, leaving one worker dead and several others seriously injured. The incident has since sparked a series of legal battles, as regulatory bodies and the justice system attempt to hold those responsible accountable for the tragic event. In a packed courtroom in Clarenville this week, injured workers, their families, supporters, and union officials gathered as two companies made their initial court appearance in connection with the fatal refinery explosion.
Below, learn more about the details of the explosion, the ensuing legal proceedings, and the broader implications for workplace safety and corporate responsibility. If you or someone you love is a victim of a refinery explosion, contact the oil and gas injury lawyers at Kherkher Garcia to discuss your potential case.
First Court Appearance the Start of ‘Lengthy Legal Process’
Braya Renewable Fuels (Newfoundland) GP Incorporated faces 11 occupational health and safety charges. These charges include failing to provide and maintain the necessary equipment, systems, and tools to ensure a safe workplace, as well as failing to ensure that safe work procedures were followed.
Lorneville Mechanical Contractors Limited is also facing three safety-related charges.
Thursday’s court appearance was brief, with the case set to return to court next month to allow the Crown time to disclose evidence to the defendants.
Union leaders have expressed concern that injured workers and their families are preparing for a potentially lengthy legal process. Glenn Nolan, president of United Steelworkers Local 9316, which represents most unionized workers at the refinery, shared his frustration, stating, “It’s been two years [on] September the second. It’s a difficult time, until they find out for Shawn and the injured workers where this is going to go.”
Shawn Peddle, 47, of Clarenville, tragically passed away six weeks after being injured in the flash fire. Seven other workers sustained serious injuries.
The RCMP has also launched an investigation into the blast, though no criminal charges have been filed at this time.
A Legal Perspective on Workplace Safety and Accountability
The Come By Chance refinery, located in Newfoundland and Labrador, has long been a key player in Canada’s oil industry. Initially built in the 1970s, the refinery has undergone several ownership changes and expansions over the years. In recent years, it has been operated by Braya Renewable Fuels (Newfoundland) GP Incorporated, which acquired the facility with plans to transition it into a producer of renewable diesel fuel.
The refinery’s importance to the local economy cannot be overstated. It provides employment to hundreds of workers and plays a critical role in the region’s industrial landscape. However, the explosion in 2022 brought to light serious concerns about safety practices and regulatory compliance at the facility.
The Refinery Explosion: What Happened?
On September 2, 2022, a flash fire broke out at the Come By Chance refinery, resulting in an explosion that sent shockwaves through the community. The fire started in a processing unit where workers were engaged in maintenance activities. The cause of the fire is believed to be a combination of volatile gases and a potential spark from equipment being used in the maintenance process.
The explosion claimed the life of 47-year-old Shawn Peddle, a worker from Clarenville who succumbed to his injuries six weeks after the incident. Seven other workers were seriously injured, some of whom continue to face long-term physical and psychological effects from the ordeal.
In the immediate aftermath of the explosion, questions arose about the safety protocols in place at the refinery. Workers and union representatives expressed concerns that safety procedures were not adequately followed, and that the equipment and tools provided were insufficient to prevent such a disaster.
Legal Proceedings: Charges and Investigations
The explosion at the Come By Chance refinery has led to significant legal action against the companies involved. Braya Renewable Fuels (Newfoundland) GP Incorporated is facing 11 occupational health and safety charges. These charges include allegations of failing to provide and maintain necessary equipment, systems, and tools to ensure a safe workplace, as well as failing to ensure that safe work procedures were followed.
In addition to Braya Renewable Fuels, Lorneville Mechanical Contractors Limited, a company involved in the maintenance work at the refinery, is also facing three safety-related charges. These charges similarly revolve around alleged failures to adhere to established safety standards and protocols.
The legal process in this case is still ongoing and the Crown is currently in the process of disclosing evidence to the defendants, and further court dates are expected as the case progresses.
Union leaders, including Glenn Nolan, president of United Steelworkers Local 9316, have expressed their frustration with the slow pace of the legal process. Nolan has emphasized the emotional toll that the lengthy proceedings have taken on the families of the injured workers and the broader union community. He noted that it has been nearly two years since the explosion, and the uncertainty surrounding the legal outcome continues to weigh heavily on those affected.
The Role of Occupational Health and Safety Laws
The legal proceedings surrounding the Come By Chance refinery explosion highlight the critical role of occupational health and safety (OHS) laws in protecting workers. In Canada, OHS laws are designed to ensure that employers provide a safe and healthy work environment for their employees. These laws impose specific duties on employers, including the requirement to identify and mitigate workplace hazards, provide adequate training and supervision, and ensure that workers have access to the necessary safety equipment and tools.
When employers fail to meet these obligations, they can be held legally accountable through regulatory enforcement actions, fines, and even criminal charges. In the case of the Come By Chance refinery explosion, the charges against Braya Renewable Fuels and Lorneville Mechanical Contractors suggest that regulatory authorities believe these companies failed to fulfill their legal duties under OHS laws.
Broader Implications for Workplace Safety
The explosion at the Come By Chance refinery serves as a stark reminder of the dangers that workers face in industrial settings and the importance of robust safety practices. It also underscores the need for regulatory bodies to vigilantly enforce safety standards and for employers to prioritize the well-being of their employees.
For companies operating in high-risk industries like oil refining, the stakes are particularly high. A single lapse in safety protocols can lead to devastating consequences, not only in terms of human lives but also in terms of legal liabilities, reputational damage, and financial costs. The legal fallout from the Come By Chance explosion is likely to serve as a cautionary tale for other companies in the industry, reinforcing the importance of adherence to safety regulations and proactive risk management.
The Human Cost
While the legal aspects of the Come By Chance refinery explosion are critical to understanding the broader implications of the incident, it is essential not to lose sight of the human cost of the disaster. The families of the deceased and injured workers continue to grapple with the emotional and financial repercussions of the explosion. For them, the ongoing legal battles are not just about accountability, but also about seeking justice and closure.
As the legal proceedings continue, it is crucial for all parties involved to remember the impact of this tragedy on the lives of those affected. The legal system’s role in addressing such incidents goes beyond punishing wrongdoing; it also serves to provide a measure of justice to victims and their families and to prevent similar tragedies from occurring in the future.
The 2022 Come By Chance refinery explosion has set in motion a complex legal process that will likely take years to resolve. As the courts consider the charges against Braya Renewable Fuels and Lorneville Mechanical Contractors, the case will serve as a significant test of Canada’s occupational health and safety laws and their enforcement. The outcome of this case will have implications not only for the companies involved but also for the broader industrial sector in Canada. It is a poignant reminder of the vital importance of workplace safety and the legal obligations that employers must uphold to protect their workers.
What Victims Can Do after a Refinery Explosion
In the aftermath of a refinery explosion, the chaos and uncertainty can be overwhelming. Victims often face serious injuries, emotional trauma, and mounting medical bills. At Kherkher Garcia, we understand the challenges you are facing and are here to guide you through this difficult time. Here are a few recommendations on what victims can do after a refinery explosion to begin protecting their legal rights:
- First, seek immediate medical attention, even if you don’t think you’re seriously injured. Your health is the priority, and having a medical record is crucial for your case.
- Next, document everything—take photos of the scene, your injuries, and any property damage. Keep a record of all expenses related to the incident.
Consulting with an experienced attorney as soon as possible is vital. Refinery explosions are complex, often involving multiple parties and extensive investigations. At Kherkher Garcia, our skilled legal team has a proven track record in handling such cases, ensuring that your rights are protected and that you receive the compensation you deserve.
Don’t navigate this journey alone. Contact Kherkher Garcia today for a free consultation, and let us help you secure the justice and financial recovery you need to move forward. Call us at 713-333-1030, or submit our website contact form to get started.
Image from Shhewitt on Wikipedia
