Deadly Waukegan Explosion Leads To $1.6 Million In Fines

WAUKEGAN, IL — The owners of a Waukegan chemical plant where four employees died in an explosion and fire earlier in May were hit with nearly $1.6 million in fines from federal workplace safety regulators Friday. The Occupational Safety and Health Administration, or OHSHA, announced its investigators found AB Specialty Silicones was responsible for 12 "willful" safety violations following the deadly blast at its facility.

The manufacturer's practice of using forklifts powered by liquid propane to transport volatile, flammable liquids in areas where employees handled and processed volatile liquids and gases created the potential for ignition, according to an OSHA release. It said the agency found the company's electrical equipment and installation in the plant's production areas were not in compliance with federal standards or approved for hazardous locations.

Loren Sweatt, principal deputy assistant secretary of labor for occupational safety and health, said employers must recognize hazards to protect their workers — especially in hazardous industries.

"By ignoring safety and health requirements, this employer created an unsafe work environment with deadly consequences," Sweatt said.

The explosion leveled the silicon derivatives manufacturing plant at 3790 Sunset Ave. and was felt for miles around on the night of May 3. It damaged several other buildings in the area and causing over $1 million in damage, authorities said.

Nine people were inside the plant at the time, four of them died — Byron H. Biehn, 53, of Union Grove, Wisconsin; Jeff Cummings, 57, of Kenosha, Wisconsin; Daniel Nicklas, 24, of Beach Park; and Allen Stevens, 29, of Paddock Lake, Wisconsin — and three others survived after being taken to area hospitals, authorities said.

On May 31, the offices of Illinois Attorney General Kwame Raoul and Lake County State's Attorney Mike Nerheim filed a lawsuit in Lake County Circuit Court against AB Specialty Silicones. It alleged contaminants were released by the explosion and water used to put out the fire allowed chemicals to seep into storm sewers and contaminate wetlands and a lake about a mile away. The suit seeks seeks civil penalties and asks a judge to require the company to make sure all the chemicals remaining at the site are removed.

"An employer's adherence to safety and health standards, including the proper use of electrical equipment and forklifts when handling flammable liquids, is critical to preventing fire, explosions and other incidents that can seriously or fatally injure workers," OSHA Acting Regional Administrator Nancy Hauter said in the release announcing the citations.

The agency also announced it has placed AB Specialty Silicones into its severe violator enforcement program. The program focuses resources on inspections of employers "who have demonstrated indifference to their [Occupational Safety and Health] Act obligations by willful, repeated or failure-to-abate violations," according to the Labor Department's website.

In a statement, AB Specialty Silicones Account Manager Michelle Penman said Friday the company is in the process of reviewing the OSHA citations. It said company's top priority was the safety of its employees and it has been, and would continue to be, fully cooperative with federal investigators.

"It is important to recognize the scope of the OSHA report goes beyond the elements that contributed to the tragic explosion. Our internal investigation, as well as the [Waukegan] Fire Marshal’s report, confirmed the incident was in fact an accident, and there was no willful intent involved," it said. "While we are proud of our historically strong safety record preceding this accident, we commit to continuously improving ourselves and aiming to ensure our facilities meet or exceed all regulatory requirements."

The company now has 15 business days to either comply with the citations and $1,591,176 in fines, contest the findings of the investigation before an independent commission or request an informal conference with the administration's area director, according to OSHA.

Earlier:

• Final Victim Of Waukegan Explosion Identified
• All But 1 Worker Killed In Waukegan Explosion Identified
• 3 Dead In Waukegan Explosion, Worker Still Missing