BY WALT SCHAEFER
The Cincinnati Enquirer
BATAVIA - Penalties totaling $67,200 have been issued against the Auxier Gas Co. by the federal Occupational Safety and Health Administration (OSHA) as a result of the Aug. 7 explosion that killed a worker and injured five others, OSHA officials announced Tuesday.
OSHA Area Director William M. Murphy described the fine as "the highest penalty ever imposed on a propane distributor (of Auxier's size and type) in the state of Ohio and, maybe, one of highest in the country."
A company with thousands of employees may see a fine in the millions of dollars, but for an employer of 25, "this is a large penalty," Mr. Murphy said.
In addition to the penalties, Mr. Murphy said, his office is reviewing whether criminal charges are warranted - a decision that will not be made for months. If filed, charges could name the company or an individual or individuals and would be based on evidence the violations directly caused a death, he said.
OSHA's area director said the two most serious problems cited Tuesday, called "willful violations," allege "the inadequate training of employees handling propane gas, and . . . allowing containers of propane to be placed inside buildings." If affirmed, the penalty for each willful violation would be $28,000.
"We do know whether or not the employers directed employees to take the tank into the building, and we also know whether it was a policy to do that on certain occasions, or whether or not it was policy to do that on a routine basis. But you are getting into my evidence, and I do not want to jeopardize my evidence" before any hearings or a court case, Mr. Murphy said.
"The thing that struck me the most is that we have these young, inexperienced people, untrained, doing work that is exceedingly hazardous - working with an exceedingly hazardous material," Mr. Murphy said.
He said OSHA's investigation was lengthened because a key witness he would not name was hospitalized with injuries and then had to cope with psychological problems resulting from the experience. Mr. Murphy said OSHA also issued citations for four alleged serious violations - lesser infractions than willful violations and each punishable by a fine of $2,800 - including:
- Inadequate training of forklift operators.
- Failing to properly label propane containers to allow employees to identify empty and nonempty containers.
- Failing to adequately train employees in the hazards associated with chemicals such as propane, coatings and resins, and failing to train employees in emergency procedures.
- Storing many propane containers in locations where they were not protected from tampering by unauthorized persons.
The explosion at the Auxier facility on Main Street occurred "when employees removed a safety plug from a propane tank they mistakenly believed to be empty," Mr. Murphy said. "The tank had been placed inside . . . a maintenance building which contained a variety of possible ignition sources, including unapproved wiring and equipment."
Sharon Wood, wife of Robert Wood, 48, an Auxier employee who died of burns he suffered in the explosion, said: "I feel that this was an accident, and I feel God will take care of it."
Batavia officials, including the mayor and village administrator, could not be reached for comment.
State fire investigators have ruled that an accidental leak of propane 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. Enough gas escaped when an air compressor came on to spark the explosion.
Mr. Murphy said the source of the ignition was not a key to the OSHA investigation, but rather what caused the propane to be released and why it was released in a confined area. After the initial flash fire, a gas tank on a forklift exploded, as did a tank feeding a welding torch.
Mr. Murphy also announced that Auxier agreed to pay $3,000 in civil penalties for child labor law violations alleged by the U.S. Labor Department's Wage and Hour Division.
While the Labor Department determined that the employment of minors was not directly involved in causing the explosion, the investigation did uncover that persons under 18 were employed as forklift operators.
Also, OSHA officials said they have referred to the U.S. Department of Transportation's Federal Highway Administration (FHA) other potential violations. Those involve FHA regulations pertaining to improper transport of propane cylinders and failure to properly inspect smaller propane containers before recertifying them for future use.
The August explosion was the second at the facility.
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 then 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.
Mr. Murphy said there has been no OSHA inspection since the late 1970s at Auxier because it is a small employer.
"I have 75,000 employers (in the district) and 20 inspectors," Mr. Murphy said. Larger employers, dealing with more hazardous substances, are inspected on a frequent schedule, he said.
Batavia Fire Chief John Bucher has said that although fire inspections revealed no violations at Auxier, they would not necessarily involve the OSHA violations. A general fire inspection would ensure there were adequate fire extinguishers and no apparent fire hazards, he said.
