“Intentional & Knowingly Deceptive Course of Conduct.”

An explosion in an North American aluminium foundry five years ago killed one and injured nine other workers. A jury recently awarded the family of the deceased worker over two million dollars. Here is the story of the accident.

Workers were performing maintenance on an air pressure vat used to cast molten metals into machine parts, police said.

An explosion at a metal casting plant killed one and injured nine others Tuesday morning, authorities said.

Workers were fixing a door on the approximately 4-foot wide vat shortly after 8 a.m. when it exploded because of built up air pressure, said the local police captain.

"I heard the explosion," said a witness who was working in a building about 20 yards away. "My whole building was shaking. It was scary."

The maintenance supervisor was killed when the explosion blew the door off the vat and sprayed pieces of metal that struck him and the other workers, police said. The maintenance supervisor was pronounced dead at the scene. 

The injured workers were taken to two nearby hospitals. Three of the injuries were critical, including injuries to one man who suffered serious head trauma, police said.

Over 40 workers were in the building at the time of the explosion. 

A woman who answered the phone at the plant said she was in another building and did not know what was happening. Workers and company officials left the building without commenting.

In 2012 there were several lockout tagout incidents resulting injuries and deaths. This incident reinforces the need for the importance of the lockout tagout or safe isolation systems.

Information on OSHA's lockout tagout  program can be found here.

Information on HS&E's safe isolation program can be found here.

If you are looking for further information on these safety programs or other safety programs, please drop the APSB a comment and we'll assist you.

Here is the story on the jury award:

A jury has awarded over two million dollars to the family of a man who was killed and several others injured in a blast at a casting plant five years ago.

The deceased worker was standing right in front of the vessel, was killed instantly said his attorney. Another worker suffered a skull fracture and a broken leg and is still taking pain medication. While other workers suffered other physical and psychological injuries.

The attorneys for the plaintiffs alleged that the employer engaged in intentional misconduct. Which was a high standard of proof that they had to meet in order to obtain damages. They claimed in their lawsuits that the company failed to follow multiple safety regulations, failed to ensure that safety devices were operative, permitted repairs to be performed by unlicensed and ill-qualified technicians and did not conduct proper inspections. The foundry's conduct was intentional and wrongful because the employers was aware of these conditions at the time that it assigned the plaintiffs to work near the tank, they alleged.

A panel of six jurors in the state agreed unanimously late last week, finding the foundry engaged in "intentional and knowingly deceptive course of conduct".

The defendant as well as some of the plaintiffs (who disagree with the judgement) are appealing the jury award.

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