Illinois chemical firm to pay $1.3 million penalty for deadly factory explosion in 2019

AP Specialty Silicones to pay $1.3 million penalty after deadly explosion

CHICAGO (CBS) -- The U.S. Department of Labor has reached a settlement with a Waukegan chemical manufacturer, more than five years after an explosion at their factory killed four workers.

AB Specialty Silicones LLC will pay $1.3 million in penalties over the explosion

Four workers – 24-year-old chemist Daniel Nicklas, 29-year-old chemical operator and part-owner Allen Stevens, 53-year-old supervisor and co-owner Byron Biehn, and 57-year-old production supervisor Jeff Cummings – were killed in an explosion and fire at the AB Specialty Silicones factory in May 2019. Three other workers were injured. The explosion also damaged at least five other buildings in the area.

An investigation by the Occupational Safety and Health Administration revealed the company failed to make sure its electrical equipment complied with federal standards. AB Specialty also used propane-powered forklifts to transport flammable liquids in area where workers handled the substances, according to the Labor Department.

As part of the agreement, the company has temporarily stopped producing and using certain silicone products until a new process is designed.

"This agreement will never replace the four workers lost in this preventable tragedy, but it's a step in the right direction," said OSHA Regional Administrator Bill Donovan in Chicago. "OSHA will continue to hold AB Specialty Silicones accountable for improving their safety culture by working with industry experts, and both management and employees to develop and continually test safety measures, emergency response procedures and training employees in hazard recognition."

AB Specialty will pay the penalty in 12 quarterly installments through 2027. If it misses a payment, it must immediately pay the remainder of the penalty.

In addition to the $1.3 million penalty, AB Specialty also has agreed to do the following:

  • Develop a company-wide safety and health management system, implement an emergency action plan and conduct evacuation drills. 
  • Provide safety training to employees and offer it in all languages understood by employees. 
  • Require specialty training for management on handling flammable materials.
  • Purchase industrial trucks properly rated for handling flammable materials for all facilities. 
  • Perform comprehensive audits of its occupational health and safety management system certification and maintain at all facilities. 
  • Hire third-party consultants to assist with the analysis of electrical classification and hazards for any future or rebuilt facilities and audit those facilities six months after the start of operations.
  • Allow OSHA to periodically inspect facilities without requiring a warrant.
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