West Texas

By Elizabeth Grossman - In These Times, April 17, 2015

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

On April 17, 2013, a massive fire and explosion tore through the West Fertilizer plant in West, Texas, killing 15 people—including 10 volunteer firefighters—and injuring more than 200. Fueled by the 30 or so tons of explosive ammonium nitrate on site, the blast ripped through the wooden building and its flammable contents, destroying three nearby schools, a nursing home and devastating 37 city blocks. A federal government investigation into the disaster found enormous gaps in information made available to first responders and the community about the plant’s highly hazardous materials – information that could have prevented or reduced the loss of life, injuries and damage.

Two years after this catastrophe, the Center for Effective Government has taken a look at the disclosure practices around such hazardous chemicals—and found what’s required of these facilities to still be “inadequate and insufficient.”

In a report released this week, the Center for Effective Government, a non-partisan government watchdog, examined emergency response planning and reporting on chemicals required of plants like West Fertilizer under the federal Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)—enacted in response to the 1984 release of deadly methylisocyanate gas from the Union Carbide plant in Bhopal, India that killed thousands and injured many more—and the Clean Air Act. Instead of comprehensive and coordinated reporting and planning that could help prevent the loss of life and injuries, CEG found “a patchwork of laws and regulations that cover chemicals and are supposed to be safeguarding the public,” says CEG Open Government Policy program director Sean Moulton.

“There are gaps between these programs, and West Texas, really highlighted this,” says Moulton. “It’s very hard to know what information is where and how planning is rolled out. It’s very clear that responders in West, Texas didn’t know how to respond,” he says.

Absent information about hazards at the plant, volunteer firefighters arriving on the scene were unaware of that ammonium nitrate might be in the process of exploding. There was—and still is—nothing that would have compelled anyone to alert community residents or local government that schools, healthcare facilities, homes or businesses were located near a plant housing massive quantities of explosive materials. And under current laws and regulations, nothing required the West Fertilizer company to report its use and storage of ammonium nitrate to the EPA or authorities with whom it might develop an emergency response plan...

Read the entire article here.

By Steve Zeltser - The Daily Censored, February 16, 2015

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

The epidemic of refinery explosions and derailments  leading to massive explosions seem to increase by the week. Behind this collapse of health and safety protection according to advocates is the failure to protect health and safety whistleblowers. The fear of workers to complain about serious health and safety problems is a key part of this failure. Now a Federal lawyer at OSHA Darrell Whitman has charged along with health and safety whistleblowers that the agency management and the DOL have not been enforcing the law to protect not only the whistleblowers but the health and safety of all Americans.

In an explosive document sent to Secretary of Labor Thomas Perez in May 2014, Federal OSHA attorney Darrell Whitman, charged that there is systemic corruption in the agency that is preventing the protection of health and safety whistleblowers. As a result of making these charges with extensive documentation, Whitman has himself become a target of workplace bullying and moves to terminate him from the agency. In fact according to Whipple his supervisor Joshua Paul who is also an attorney at the agency ordered him to falsify federal documents  which is a criminal felony. On February 21, 2015 the agency sent a mover to his house and took his documents and badge preventing him from doing his work.
Whitman has a lot of years under his belt. He has been working over 10 years for state and Federal agencies so he knows a bit about how the Federal government operates.

His latest job was as an investigator in the OSHA program that investigates health and safety complaints by workers in industries from oil, rail, trucking and other companies in OSHA region 9 which covers nearly 40 million workers in the West.
As one of the 6 OSHA staff in this unit, there have been only three that actually doing investigations. Whitman investigates whether OSHA complaints by workers are valid and then makes a determination of whether or not their complaints are serious enough to gain a merit status. Under Federal law this merit status provides full back pay and can provide punitive damages to workers who are terminated for making their health and safety complaints.