Four Companies Cited $1.75 Million for Worker’s Suffocation Death

On  investigating a worker’s death at Valero Refinery of Benicia, Cal/OSHA cited the refinery and three contractors $1,753,375 for willful and serious safety violations.  Serious violations are hazards posing “a realistic possibility . . . of death or serious physical harm.” Willful violations are failures to “remediate a known hazard” or knowing violations of the law.

The agency found that lack of oxygen in an enclosure caused a worker sent in for cleaning to lose consciousness and succumb in spite of revival efforts.  It concluded an argon gas-leaking welding torch left in the space caused the fatal oxygen deficiency.

Cal/OSHA Chief Jeff Killip stated: “Working in confined spaces is extremely dangerous, as is working with argon. The employers involved had a responsibility to keep their workers safe. The first step to preventing a completely avoidable fatality is to identify hazards before a worker enters a confined space.”  Confined spaces include such places as “tanks, silos, pipelines, sewers, storage bins, drain tunnels and vaults,” or any with similar conditions.

Cal/OSHA’s confined space guide provides information on types of accidents and guidance on how to provide educated employees and safe confined workspaces.

Take-Away: Safety is a key duty of employers, especially when putting their employees into dangerous conditions.  “Safety first” is not just a catchy phrase, but something all employers must ensure.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Cautionary Tales Episode 32- Protect Workers from Injury – It’s the Law – and the Right Thing to Do (July 9, 2019)
• Safety Safeguarded- Required Injury and Illness Recordkeeping and Posting in California (March 8, 2019)
• Cautionary Tales Episode 23-Construction Accidents Kill Two with Resulting Large Fines against the Employers (December 28, 2018)

Helena Kobrin
May 27, 2022