The owner of a tanker truck repair company pleaded guilty to lying to the Occupational Safety and Health Administration (OSHA) and to making an illegal repair to a cargo tanker in violation of the Hazardous Materials Transportation Act.
More specifically, according to court documents, the owner of the tanker testing and repair company, KCCS Inc., lied to OSHA during an investigation and made an illegal repair to a cargo tanker in violation of the Hazardous Materials Transportation Act.
The case arose from after an explosion took place at KCCS during a cargo tanker repair on August 14, 2018, severely injuring a KCCS employee.
According to the plea agreement, the KCCS employee’s welder flame pierced the skin of the tanker, which contained residual flammable material, resulting in the tanker exploding. After the explosion, an OSHA investigator interviewed the owner about the circumstances surrounding the accident, as part of an investigation into whether he had violated OSHA safety standards for cargo tanker repair work.
The man made a materially false statement to the OSHA investigator during that interview, namely that his employee was merely an “observer,” not an employee, and that KCCS did not have any employees. This was an important point because OSHA requirements only apply to “employers.” The owner lied about not having employees to evade legal repercussions and penalties for his violation of various Occupational Safety and Health (OSH) Act safety standards during the repair that resulted in the explosion.
The man also admits in the plea agreement that he did not possess the necessary certification to conduct cargo tanker repairs that he regularly conducted.
Under the Hazardous Materials Transportation Act, all repairs to the skin of a cargo tanker require that the repairperson hold an “R-stamp,” which can be obtained only after meeting extensive training requirements
says the US Justice Department.
The purpose of this requirement is to make sure that those carrying out repairs on cargo tankers have adequate training and expertise to do so safely.
The owner admitted that he had a regular practice of making repairs requiring an R-stamp, despite knowing he did not have one, and that he would send employees into the cargo tankers to weld patches from the inside of the tanker so that the illegal repairs would not be visible from the outside.
In addition, he did not follow OSHA safety standards for protecting employees from such dangerous “confined space entries.” According to the plea agreement, he directed his employee to conduct a hidden repair of this type on the tanker that subsequently exploded, in violation of both OSHA safety standards and the R-stamp requirement.
This prosecution makes clear to others who might be tempted to ignore these certification and safety programs that they will face felony consequences for putting their employees and the public in danger
Acting Assistant Attorney General Jean Williams for the Justice Department’s Environment and Natural Resources Division, noted.
The owner is scheduled to be sentenced on August 25 and faces a maximum penalty of five years in prison per count (10 years total). A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
