BY WALT SCHAEFER
The Cincinnati Enquirer
BATAVIA -- Auxier Gas Inc., site of an explosion Aug. 7 that killed a worker and injured five others, is likely to face federal fines from the Occupational Safety and Health Administration (OSHA).
"In preliminary findings, there are three areas that may lead to citations and penalties being imposed at the company," William M. Murphy, OSHA's area director, said Friday:
Doing work on a propane tank in an "improper" area, "in that there were several sources of ignition in the area."
Failing to have proper procedures to perform the work.
Using employees with little or no training to do the work they were assigned.
In addition, Mr. Murphy said, the OSHA investigation revealed the company was employing persons under age 18. OSHA has turned that information over to the Wage and Hour Division of the U.S. Department of Labor for investigation of the company's employing minors in unauthorized jobs.
Company spokesman David Auxier, said: "Because this is still being investigated and we have received no written notification (from OSHA), we can't comment at this time."
Mr. Murphy said workers reconditioning a 500-gallon propane tank were in a building where there were several sources that could ignite the gas. Among the sources, Mr. Murphy noted a lift truck, a Bobcat, welders and cutting torches.
State fire investigators have ruled an accidental leak of propane gas ignited in a flash when an electric air compressor activated. They said workers were painting 500-gallon propane tanks and, thinking they were near-empty, opened a valve. A sufficient amount of gas escaped that when an air compressor came on, its spark caused the explosion.
Mr. Murphy said OSHA's investigation also revealed that workers did not have or use proper procedures or equipment to determine if there was any remaining propane in the tanks. Tests to determine if any gas remained should be done "in an isolated area with no sources of ignition."
Finally, Mr. Murphy said, employees doing work "had little or no training in the overall activities they were being assigned to perform."
The investigation also discovered there were 17-year-olds working at the facility, and that last year there were 16-year-old employees. Mr. Murphy said he did not know the number of minors working at the plant.
Mr. Murphy said any penalties imposed would depend on the severity of the violation. However, those violations being investigated would be considered "serious."
OSHA may impose up to a $7,000 penalty on each "serious" violation. If a violation "is characterized as willful or repeat" a fine of up to $70,000 could be imposed, Mr. Murphy said.
In 1978, OSHA investigated after an explosion at the plant claimed the life of owner William D. "Bud" Auxier. Mr. Murphy said a general citation was issued that the plant be kept free of recognized hazards. That citation was appealed to Clermont County Common Pleas Court, where the charge was retracted because no recognizable hazard existed.
OSHA was at the plant for an inspection in June 1974, when six citations were issued. All were corrected by August of that year, Mr. Murphy said.
Batavia Fire Chief John Bucher said that while fire inspections revealed no violations at Auxier, they would not necessarily involve the violations OSHA is investigating.
"We have not found violations in there; but things like acetylene (torches) are on wheels and you can roll them wherever you want to," he said. A general fire inspection would ensure there were adequate fire extinguishers and no apparent fire hazards.
Robert Wood, 48, whom fire officials say might have saved lives when he tried to turn off the valve and after the explosion warned firefighters of additional danger, died Wednesday night at University Hospital.
Four victims remained hospitalized. Manager Tim Hendricks, 52, and employees Eric Pottorf and Kyle Greiner, both 18, were in fair condition Friday at University Hospital. Jeremiah Smith, 17, at Shriners Burns Institute, remained in fair condition. Josh Barnes, 18, has been released from University Hospital.
