Sunday, January 27, 2008

 

The $6300 fine for a giant explosion...

This morning's Waco Tribune-Herald had an intriguing article with the ho-hum title of "Mayor's Company Hit With $6300 Fine."

At first, I skipped right over the article, and perhaps even rolled my eyes a little-- it must be some minor violation, only of note because a local politician was involved. But then I went back to it, and realize there was far more there.

The fine, assessed by the Occupational Health and Safety Administration, was for a "spectacular acetylene gas explosion last summer that sent metal cannisters flying into the air." Two workers were severely burned and more than $2.3 million of damage resulted. OSHA had found that the company fined had failed to provide sprinklers which could have prevented the explosion, didn't mark trucks carrying explosives properly, and had conducted a substandard hazard analysis. Specifically, the citation (as described in the paper) said that the company exposed workers to "serious hazards that were likely to cause death or serious physical harm."

Seriously? A $6300 fine for creating a situation "likely to cause death or serious physical harm?" To me, that seems crazy in a world where minor drug dealers receive prison terms and recidivist thieves can go to prison for life. I realize that this was an administrative rather than a criminal response to the wrong, but that seems not to undermine my central point-- that corporate persons are treated much more leniently than actual persons who are (properly) vilified, impoverished, and imprisoned if they commit acts which are "likely to cause death or serious physical harm."

Comments:
No kidding . . . and how did they arrive at the odd figure of $6300? Some round, bigger, number like $10K or $50K would make more sense.
 
I remember watching that one burn from our office windows last summer. It was also located right next to the I-35 split headed towards Waco, and it is so close to the road it is amazing there were no further injuries.
 
How much is the fine for blowing up a residence? $63.00??? Oh wait, I forgot.... In Oregon you are ALLOWED to blow up people's houses..

While we are on the subject, here is a hypothetical: How much prison time would a person get for blowing up say, the subcontractor for a local phone cooperative?

Would it be HARD prison time? or just like Martha Stewart time? Do they have cable, or a gym? Could the person get a lot of reading done? Maybe do some needlepoint?

Just wondering ... Cause I have this friend....
 
--The only person I know in Waco with explosives training is a certain law Prof who teaches Sentencing and such.

Where were you the day this fire started?
 
I was driving up to Dallas from Austin the day of the explosion. The business really is located right next to the interstate. There was a huge explosion with fireball and oxygen and acetylne canisters shooting off in different directions like missiles. When we drove by the business on the way back, there was nothing but a big crater where the explosion took place. It really was remarkable that there were not more fatalities. Let's hope DuPuy Oxygen over by Highway 6 does not meet a similar fate!
 
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