News Feature | August 12, 2015

County Sued Over Wastewater Plant Death

Sara Jerome

By Sara Jerome,
@sarmje

A woman sued a New York county after her husband died in an explosion at the local wastewater treatment plant.

“The widow of an Oswego County man [planned a suit against] Canastota and a construction company over his death in an explosion at the village's wastewater treatment facility. Kelly Whitney filed the suit in state Supreme Court in Madison County, claiming the death of her husband, Richard C. Whitney Jr., was a result of the village and M. Hubbard Construction Inc. not providing a safe work environment,” Syracuse Media Group reported.

“Joy Process Mechanical worker Richard C. Whitney Jr., 58, of Bernhards Bay, was welding inside a confined methane gas tank on September 11, 2013 when the explosion occurred, [federal] officials said in a news release. He suffered burns and later died at a Boston hospital's burn center,” the Utica Observer-Dispatch reported.

The federal government investigated the tragedy and handed out several serious fines. “Joy Process Mechanical of East Syracuse was issued three serious citations and fined $14,700 and Hubbard Construction of Mottville was issued seven serious citations and fined $31,020,” the report said, citing officials.

The Occupational Safety & Health Administration published the following findings about the event, as reported by the Observer-Dispatch:

  • Both employers failed to ensure safeguards and train workers on the hazards associated with methane gas and confined spaces.
  • Workers were not provided with a meter to measure the presence of combustible gas.
  • The confined space lacked adequate ventilation and a retrieval system for swift exits in an emergency.
  • Hubbard Construction was cited for ladder misuse and for using electrical equipment that had not been rated safe in a hazardous atmosphere.

Safety rules in workplaces got stricter this year, according to Syracuse Media Group. Under a new rule that took effect on January 1, businesses must “notify the U.S. Department of Labor's Occupational Safety and Health Administration whenever even a single worker is hospitalized because of a workplace injury or suffers an amputation or the loss of an eye on the job.”

Previously, “up to two workers could lose a limb or an eye on the job anywhere in America and their employer would not have to notify federal safety regulators,” the report said.

For more worker safety news, visit Water Online’s Labor Solutions Center.