Two executives face prison in deaths of five workers
September 2, 2009 by Fred HosierPosted in: Compliance, Fatality, In this week's e-newsletter, Latest News & Views, criminal charges, fire/explosion
Two executives and two companies face prison time and huge financial penalties in connection with the deaths of five workers in a workplace fire.
Xcel Energy and RPI Coating, Inc., each face fines up to $2.5 million and restitution, while RPI executives Philippe Goutagny and James Thompson each face 2.5 years in prison and a fine of up to $1.25 million.
On Oct. 2, 2007, vapor from a solvent ignited inside a tunnel at a Colorado hydroelectric plant. Workers inside survived initially, but were overcome by smoke and fumes and died from asphyxiation.
A federal indictment alleges the companies knew about the hazards in the tunnel and did nothing about them.
It also accuses RPI of trying to cover up safety shortfalls by altering, destroying or concealing the cameras, journals and cell phone of two of the dead workers.
The companies failed to get a permit for the work or assess the tunnel for hazards, according to the indictment.
OSHA proposed $845,100 in fines against RPI and $189,900 against Xcel.
The indictment can be downloaded here (PDF).
If the executives are found guilty in a trial, are jail time and fines warranted? Let us know in the Comments Box below.
SafetyNewsAlert.com delivers the latest Safety news once a week to the inboxes of over 270,000 Safety professionals.
Click here to sign up and start your FREE subscription to SafetyNewsAlert!
Tags: RPI Coating, worker deaths, workplace fire, Xcel Energy
Loading ...
September 2nd, 2009 at 10:47 am
[...] Excerpt from: Two executives face prison an… [...]
September 8th, 2009 at 11:02 am
The indictment states that the government will not seek detention for either of the executives.
September 21st, 2009 at 10:01 pm
The courts SHOULD hold them accountable to the full extent of the law. In these economic times times than not, employees are pressed to perform jobs where they know hazards exisit, they continue to report hazards without seeing any REAL solutions. This is normally due to upper management, the people who control the time for training, cost for personal protective equipment, and trained people to implement. How many companies do you know who utilize a HR assistant, Plant Engineer, Quality Trainer or other individual to take on the ADDITIONAL duties of safety and environmental. This is hard to believe….you can not expect a person who has never read the CFR to interprete it and put it in place. Also if it is an additional duty, guess where it falls on the list? Yep, to the bottom. Quality is so important that companies hire a qulity team, invest in ISO training and outside certification to ensure we have the best possible product so customers continue to return, and to cut cost on the rework…..MAKE $$$$$ and SAVE $$$$$. While it is Very important to maintain a customer base so you have a viable product thus a profitable company, it is much more important to remember that you would not be able to produce ANY products without employees. So why do we continue to see companies place a MUCH higher priority on quality than the safety of the employee. If employers are not moved to act after having to go to the ER with an employee, while doctors treat OSHA recordable injuries that leave blood on the floor, or telling a family that their loved one is not coming home from work due to a workplace injury, then hit them where it hurts most! Take away what they have taken from others. Take away some of their money and freedom. Do not let yourself believe that ANY high ranking company official is not aware of every detail that goes on at each location.
As stated above by Mike, the government does not intend to seek detention, but it HAS been done in the past in other cases and should be when it is called for. There are too many trained people, classes and opportunities for these employers to ensure that each and every one of their employees are able to go to work, and return home in the same shape as they left.
It is the right thing and in this day, it should be a given!
September 23rd, 2009 at 7:03 pm
In this case both Jim and Philippe should be found guilty and put in prison. They both new what was going on and all they were worred about was making money. The five men that are laying in the ground forever were just trying to make a living and when they reported that their were things that were wrong they were told to do their job or go home.Jim and Philippe sat in there million dollar homes and go on trips and have fun with their familys the men familys are trying to make ends meets and the company is not helping them out.They would always think they were the ones to look up to because they(Jim and Philippe) were making all the money and the workers were doing all the work now for not doing their job and making sure they had the right personal and the right equment they deserve to go to jail.
October 2nd, 2009 at 12:34 pm
THAT WHOLE COMPANY SHOULD BE SHUT DOWN AND JIM AND PHILIPPE AND OTHERS WHO I BLAME FOR MY HUSBAND DEATH AND MY 4 FRIENDS THAT DIED SHOULD ROTT IN PRISON US FAMILIES OF THOSE MEN WHO DIED OUR LIVES HAVE CHANGED FOREVER THEY HAVE RIPPED MY LIFE FROM ME ALL BEACAUSE THEY DIDNT LISTEN TO THE CONCERNS THAT MY HUSBAND AND THOSE OTHER MEN HAD ABOUT THE SAFETY OF THE JOB THEY WERE DOING AND BELIEVE ME THE MEN WERE WORRIED ABOUT THE JOB THEY WERE ON. MY HUSBAND BROUGHT ME TO THE JOBSITE AND INTO THE TUNNEL THE DAY BEFORE THEY DIED TO SHOW ME HIS CONCERNS SO 6 MONTHS TO 2 YEARS IS NOT NEARLY ENOUGH TIME FOR MURDER CAUSE THAT IS EXACTLY WHAT IT IS TO ME MURDER ROTT IN HELL BASTARDS