Criminal Prosecution After Willful OSHA Citations for 5 Deaths at Tampa Electric?

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Criminal Prosecution After Willful OSHA Citations for 5 Deaths at Tampa Electric?

December 29, 2017

On June 29, 2017, five workers were burned to death at Tampa Electric’s Big Bend Power Station — Michael McCort, 60, Christopher Irvin, 40; Frank Lee Jones, 55, Antonio Navarrete, 21, and Amando J. Perez, 56 — after management forced them to do a procedure that they knew was hazardous, probably just to save a few bucks. One other employee, Gary Marine Jr, suffered serious burns.
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The Tampa Bay Times wrote an excellent investigative piece on the tragedy last August, and I provided some additional analysis in a Confined Space post shortly thereafter.

Yesterday, OSHA issued citations related to the incident. Tampa Electric (TECO) was fined $139,424 which included two willful violations that were grouped together for one penalty, and two serious Personal Protective Equipment violations that were also grouped together. Gaffin Industrial Services, which employed Irvin and Jones, received two serious citations and a $21,548 penalty for five violations for failure to provide personal protective equipment that would have protected workers against burns.

TECO spokeswoman Cherie Jacobs, quoted in the Tampa Times, said they “respectfully disagree with the suggestion we were willful or deliberately indifferent to the safety of workers” and had not yet decided whether to contest the citations. The company has 15 days to decide whether to contest.

One person has posted two comments:

Brian C. Hennessy says:

December 30, 2017 at 11:35 pm

Were the willful violations based on Section 5(a)(1) of the OSHA Act or specific standards? My cursory review of OSHA Lock Out/ TagOut requirements (29CFR 1910.147) for the unexpected release of hazardous energy appear to exempt power generation facilites. Criminal prosecution under the OSHA act requires a nexus between an employee death and a willfully violated OSHA standard; general duty vioations citied under Section 5(a)(1) of the act do qualify for criminal referral to the Justice Department. Providing the actual verbiage of the citations and referencing their numbers would be helpful.

Instead of eliminating OSHA standards we may in be need of strenghening the 1910.147 or 1910.269(Power Generation) regulations. Why does the current Lock out/Tag Out standard for general industry exempt power plants?

Reply

Brian C. Hennessy says:

December 30, 2017 at 11:41 pm

Correction. General Duty violations which result in employee death(s) do Not qualify for criminal referral to the Justice Department even when such violations are classified as willful. Sorry for the oversight.

OSHA News Release - Region 4

U.S. Department of Labor
Dec. 28, 2017

U.S. Labor Department Cites Tampa Electric and Gaffin Industrial Services After Molten Slag Release Fatally Injures 5 and Burns 1

APOLLO BEACH, FL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Tampa Electric Co. and Gaffin Industrial Services Inc. after five employees were fatally injured, and one other suffered serious burns.

In June 2017, OSHA investigated the Big Bend River Station electrical power plant in Apollo Beach following the fatalities. Inspectors determined that the employees were burned when a blockage inside a coal-fired furnace broke free and spewed molten slag into the work area. Employees of Tampa Electric, Gaffin Industrial Services, and Brace Integrated Services Inc. died in the incident.

OSHA cited Tampa Electric for failing to follow energy control procedures while performing maintenance on equipment. Gaffin Industrial Services was cited for failing to develop procedures to control hazardous energy. Tampa Electric and Gaffin were also cited for failing to provide appropriate personal protective equipment to safeguard employees from burns. Proposed penalties for both companies totaled $160,972. Brace Integrated Services was not issued citations.

“This tragedy demonstrates what can happen when hazards are not properly controlled,” said OSHA Atlanta Regional Administrator Kurt Petermeyer. “Employers must develop and implement necessary procedures to prevent incidents such as this from occurring.”

The companies have 15 business days from receipt of their citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit http://www.osha.gov.

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Media Contacts:

Michael D’Aquino, 678-237-0630, [e-mail]
Eric Lucero, 678-237-0630, [e-mail]

Release Number: 17-1683-ATL (206)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The Department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the Department at [phone] (voice) or [phone] (federal relay).