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Welding fatality brings fines, potential litigation to involved companies

May 25th, 2016 by Dakota Software Staff Industry News

Welding fatality brings fines, potential litigation to involved companies

The explosion of a storage tank at a soybean processing facility and resultant death of an employee in South Dakota recently led to fines and potential civil litigation for the companies involved. Local ABC affiliate KSFY reported the explosion, which occurred in early November 2015, caused the death of a welder who lived in the area. That man was part of a larger group of employees at the processing facility, which was in the process of installing catwalks above the large storage tanks and other features on the facility's floor.

Local newspaper, the Argus Leader, reported the explosion was caused by a storage tank holding soap stock, which can become flammable under certain conditions. The Leader said both the processing company operating the facility and the business for which the welder worked face penalties from the Occupational Safety and Health Administration and potential legal action from the family of the employee.

OSHA fines may not be the whole story
OSHA issued two fines related to the accident and fatality. The welding company faces a $11,200 fine from the federal health and safety regulator, while the soybean processing organization's penalty would cost $25,510. Both businesses have the standard avenues of response available to them in the 15-day period following issuance: pay the fine, request a meeting with the regional OSHA supervisor or contest the penalty.

According to the Leader, the penalties center around a lack of proper notifications and safety precautions. The welder killed in the accident wasn't informed of the potential dangers of the soap stock contained in the tank that exploded. That material can be flammable and cause significant damage to facilities as well as injury and death to employees. OSHA also required the two businesses develop processes that better protect employees. Suggestions provided by the regulator for these mandated improvements include improved information sharing around flammable and explosive hazards related to welding and enhanced fire and explosion control procedures.

A lawyer representing the family of the deceased welder also indicated they may bring civil legal action against the two businesses for the welder's death. That decision rests in the hands of the welder's widow and how the companies respond to OSHA's penalties. A statement issued on her behalf by lawyer Russ Janklow, quoted in the Leader, said she was happy OSHA had done its part in increasing employee safety.

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