Dealership fined nearly $40K for fatal fire

A Nova Scotia car dealership has been ordered to pay nearly $40,000 following an explosion and fire that killed an employee at one of its repair shops two years ago.

O'Regan Chevrolet Cadillac Ltd. was fined $38,750 for failing to take reasonable precautions to prevent an explosion that killedthe employee at the O'Regan's Collision Centre on Wyse Road in Dartmouth.

The company pleaded guilty in July to the charge under Nova Scotia's Occupational Health and Safety Act.

Judge Pam Williams, who handed down the sentence Wednesday in Dartmouth provincial court, ordered $5,000 of the fine to be donated to Threads of Life, a group that helps families affected by workplace accidents.

Another $5,000 is to be used to pay for workplace education programming at an upcoming conference of the Nova Scotia Auto Dealers Association.

Kyle Hickey, 22, of Timberlea died the day after he was badly burned in a fire that ripped through the repair shop in March 2008.

According to an agreed statement of facts, the explosion and fire started in a barrel holding chemicals used to wash paint guns. The barrel was not properly labelled and the company acknowledged it had not provided Hickey with adequate safety training.

But, investigators were unable to determine the exact cause of the explosion.

The provincial Labour Department investigated the incident for more than a year before charging O'Regan Chevrolet Cadillac Inc. with five offences under the Occupational Health and Safety Act.

Judge rejects six-figure fine

Crown attorney Jim Clarke had requested a fine of $150,000, which would have been a record amount in the province.

"It's disappointing in ways," Clarke said after the sentencing on Wednesday.

"We were expecting or asking obviously for a higher global fine then what was imposed. However the judge has rendered a reasoned decision."

Don Murray, who represents O'Regan, had suggested a $30,000 fine. He argued there's no proof the safety shortcomings contributed to Hickey's death.

Williams agreed, and pointed out during sentencing that larger fines for workplace fatalities in Nova Scotia have historically gone to companies where a direct link was established between the offence and the death.

Sean O'Regan, president and CEO of O'Regan Chevrolet Cadillac Ltd., said the company respects and will comply with Williams's ruling.

"First and foremost, our thoughts and prayers continue to be with the family and friends of Kyle Hickey.O'Regans will always remember Kyle and the tremendous loss his loved ones have suffered," O'Regan said in a statement.

"We will comply fully and promptly with the decision.Nothing takes away from our sorrow at this tragedy happening to Kyle Hickey and his family, our accepting full responsibility for the charge brought forward or our resolve to make further improvements to workplace health and safety."

The company has until the end of December to pay the fine.