Posts Tagged ‘oil industry’

BP disaster: 10 years and 58 refinery deaths later…

Tuesday, March 24th, 2015

A decade after the BP Texas City explosion that killed 15 and injured 180, U.S. refineries are nearly as deadly as ever, according to Blood Lessons, an investigative journalism report by Houston Chronicle and Texas Tribune that looks at the aftermath of the tragedy at the facility itself and the industry at large. The report shows that serious risks remain unaddressed; survivors of the terrible event are distressed that even seemingly simple lessons haven’t been learned, such as locating flimsy break tents close to the refineries. The fatalities a decade ago largely occurred in just such temporary shelters.
In fact, it would appear that refineries are not a lot safer than they were then:

“No single refinery accident has matched Texas City’s devastation, but at least 58 people have died at American refineries since the BP blast, according to data compiled from Occupational Safety and Health Administration records, news accounts, lawsuits and union reports. There were at least 64 deaths in the 10 years before the accident.

The Department of Energy has tracked almost 350 fires at refineries in the past eight years – nearly one every week. There are about 140 refineries across the United States. Members of the United Steelworkers union like Ambrose have been out on strike, protesting at 15 locations. They’re worried, among other things, about safety, claiming that old refineries are routinely pushed far beyond safe operating limits, that fires occur too frequently and that trailers and tents remain in harm’s way.”

While OSHA stepped up inspections through a nationwide refinery emphasis program, it discontinued the highly labor-intensive program and lacks staff to enforce existing rules.

For other chapters in the report see:
Anatomy of a Disaster, which includes an animated video of what caused the BP explosion.
Survivors Remember, interviews and videos with survivors.
A deadly industry – Assembled data shows how and where refinery workers continue to die.

In other remembrances, Chemical Safety Board (CSB) Chairperson Rafael Moure-Eraso addresses the 10th Anniversary of the BP disaster in a brief video:

He faults organizational and safety deficiencies at all levels of BP for the disaster, citing
a weak safety culture, a deficient process safety management program, and obsolete equipment. These problems have continued in the refinery industry in decade since. He cites two large incidents, one being the 2010 Tesoro blast that killed 7 workers in Anacortes, Washington.

The CSB notes that current federal and state regulations are not strong enough on preventive measures and say that more regulatory oversight is required to strengthen prevention.
Related: The extended CSB report on the BP investigation, issued about one year after the tragedy.

Dying to Find Fault in Wyoming

Monday, August 24th, 2009

Wyoming might be a good place to work, but it’s also a good place to die at work. The mortality rate for occupational injuries is three times the national average, with 15.6 fatalities per 100,000 workers. Many of these fatalities occur in the oil fields, where “roughnecks” make pretty good wages in exchange for working in relatively dangerous conditions. As DeeDee Correll writes in the Los Angeles Times, everyone shares the goal of improving safety on the far-flung job sites, but there is a continental divide in how to achieve that goal.
Most oil workers are employed by independent contractors, who provide the bodies for the intense work in the fields. The fields are owned by big corporations. On one side of the fence you find workers and their advocates, who want to be able to hold the big corporations liable for what happens on the job. They want to be able to sue the big corporations when they suffer catastrophic injuries or deaths on the job.
The counter argument says that workers comp – carried by the employers of these field workers – should be the exclusive remedy for work-related injuries.
At issue here is the question of accountability and control: under current Wyoming case law, injured workers have to prove that the operator maintained “pervasive” control over the site. This is a very high standard, because the daily operations at these sites are primarily under the control of the independent contractors. By lowering the standard of control, worker advocates would make it easier for workers to sue the oil companies for damages.
Denim Versus Suits
The battleground for this dispute is the Wyoming legislature. As is so often the case, there is considerable theatricality on display. Many of the roughnecks lobbying for a change in the law show the scars of their chosen occupation. They are dressed in denim and baseball caps. Their opposition, lawyers for the oil companies, wear the indispensable dark suits.
The “suits” counter the compelling visual evidence of the roughnecks with some dubious arguments, maintaining, for example, that any change in the law would expose home owners to liability for injuries to contractors working on their houses. That’s a red herring, as homeowners rarely exercise significant control over the work environment of their contractors.
There should be enough middle ground in this dispute to fashion a meaningful compromise. Wide-open litigation is rarely the best way to go. The legislature should set specific standards for safe operating procedures in the oil fields. Oil companies should be held accountable for meeting these standards. Only if they are demonstrably negligent in maintaining and documenting these standards should the door be opened to law suits. At the same time, the state should bolster the benefits available to workers who are killed or severely injured on the job.
The “exclusive remedy” provision of workers comp is a standard well worth preserving. It’s tempting to carve out exceptions, but each exception becomes a fault line in the fundamental compromise that is workers comp. We are nearing the 100th anniversary of comp in America (New York 1911). For the most part, it is a remarkably successful experiment in public policy. The law makers of Wyoming would do well to keep this success in mind: by all means tinker with the statute to make it more responsive to 21st century working conditions, but don’t mess with the premise. This is not the time to find fault with “no fault.”