Report from the OH&S Canada magazine (Spring 2023)
A chemical company was ordered to pay $16 million and sentenced to two years of probation for its role in a poisonous gas leak that killed four workers at a Houston-area plant nearly a decade ago, federal prosecutors announced Monday.
The employees at the now-closed DuPont chemical plant in LaPorte, Texas, died in November 2014 when a chemical used in the manufacturing of insecticide and fungicide, methyl mercaptan, was released.
U.S. Attorney Alamdar S. Hamdani, who is based in Houston, said the deaths were the result of “DuPont’s criminal negligence.”
“The sentence imposed today sends a clear message of my office’s dedication to holding managers at industrial facilities, and the corporations that own and operate those facilities, accountable for violations of … laws meant to protect the safety of workers and nearby communities,” Hamdani said.
During a court hearing Monday DuPont, along with Kenneth Sandel, who ran the unit at the plant where the employees who died worked, each pleaded guilty to one count of a negligent release of an extremely hazardous substance.
U.S. District Judge Lee Rosenthal ordered DuPont to serve the two years of probation, which means that federal officials will have full access to all of the company’s operating locations. DuPont was also ordered to pay a $12 million criminal penalty and make a $4 million community service payment to the National Fish and Wildlife Foundation.
My opinion
I do not normally receive reports due to accidental deaths or critical injuries in the U.S.
The fines were in line with the severity of the accident but probation does not really promote health and safety culture changes. (Does anyone remember Hooker Chemical in the Love Canal tragedy?) Two supervisors, in Ontario, went to jail because of failure to adhere to provincial or federal legislation.
It is sad that workers have to die on the job. By now, there should be sufficient oversight to protect workers.
By the way, Dupont should take a page from the Dow Chemical safety handbook. Dow is the industry leader for worker health and safety.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Chemical Safety’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.
Nicely done!
Well done!
You are the best!