Big Rivers working to 'correct' 13 issues in deaths of Kentucky power plant workers

Two men died while working near Big Rivers Electric Corporation's Green Station power plant in Henderson County, Ky., in June, and the aftermath — 13 "serious" citations for alleged violations of OSHA safety standards and $89,600 in penalties — is still playing out.

An OSHA inspection report gives dates by which each of the alleged violations — among them inadequate fall protection systems, permitting for working in confined spaces and communications about hazardous materials — must be corrected with accompanying documentation. Some of those dates haven't arrived yet. OSHA hasn't closed the case.

Big Rivers spokeswoman Jennifer Keach responded to inquiries with a brief email.

"Big Rivers is committed to correct the issues identified by OSHA to their satisfaction," it stated.

More:Two dead after falling into drainage system at Western Kentucky power plant

More:Kentucky power plant workers who died Tuesday 'likely' killed by fumes, coroner says

The incident that resulted in the deaths of Eric Williams, 34, of Henderson, and 39-year-old Phillip Hill of Greenville, Kentucky occurred June 7. Hill worked as an engineer for Big Rivers Electric Corporation, while Williams was a heavy equipment operator with Charah Solutions.

The Courier & Press reported that day that a Big Rivers spokeswoman said the company believed the men died after falling into a drainage collection system. They were working on the company's Sebree Station property, which is located adjacent to the Green Station power plant near Robards, Kentucky.

The incident brought first responders to conduct an hours-long rescue operation at the Henderson County plant, which the City of Henderson said was complicated by the presence of toxic fumes. The Henderson County Coroner's Office said a few days later that the fall itself wasn't fatal, but it was likely Williams and Hill died from inhaling sulfuric acid fumes when they fell into the confined space.

OSHA's inspection summary is entitled, "Employee Dies From Inhalation Of Hydrogen Sulfide."

"On June 7, 2022, an employee working as an environmental engineer was replacing two failed pumps in a pump station," it states. "Two coworkers connected the new pumps to electric and the employee lowered the pumps into the vault.

"It was noted that the pumps weren't working correctly and water was pumped from the space. The employee was allegedly overcome by hydrogen sulfide (H2S), fell into the vault and was killed. A coworker working for a contractor called for help after observing the employee fall and was also found in the vault."

'Serious'

OSHA's report cites a standard attached to each citation but doesn't state the specific circumstances around each alleged violation. The standard citations link to subparts of OSHA's voluminous regulations.

"If the workplace contains permit spaces, the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces," states one of the cited regulations.

"Note: A sign reading 'DANGER - PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER' or using other similar language would satisfy the requirement for a sign."

Two successive regulations cited by OSHA state, "Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; and

"Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations."

The collective alleged violations are serious but could be worse, said Pamela K. Lauber, owner of St. Louis-based OSHA Compliance Consultants LLC and a consultant to companies on OSHA compliance.

Lauber said there are six levels of seriousness among violations of OSHA regulations, ranging from "failure to abate" — which denotes that a company has been fined before and made no serious effort to cure the problems — to "demimus," which typically denotes an issue that poses no serious threat to health and safety.

"Serious" — OSHA's characterization for all 13 of Big Rivers' alleged violations — is the fourth-most serious level of violation, said Lauber, who advises a transport company that does business in Kentucky and several Southern Illinois companies. It shouldn't be taken lightly, especially when deaths are involved, she said.

"'Serious' is bad. That’s not good at all," Lauber said. "It means you better fix it, or you’re going to get a (more serious) violation. And your fines go up with each level that you head into.

"’Serious’ would mean, ‘You’ve got (a violation), you have to take care of this.'"

Lauber paused to mark the obvious: The alleged violations by themselves may not be the worst possible stacked up next to those incurred by a company OSHA might deem a chronic violator, but they are worse for the fact that two people lost their lives.

"It's a horrible accident," she said.

Fines could get knocked down

Assuming Big Rivers doesn't contest any of OSHA's citations in a trial before the U.S. Department of Labor, Lauber said the company likely can negotiate down or even eliminate some of the $89,600 in fines as corrections are made or new evidence is brought to light. A 14th citation already has been dropped.

"Once OSHA’s levied a fine, you could usually get them to drop it down by half if you agree and you sign off on everything and you could pay them right away," Lauber said. "They’ll reduce your fine – because then we don’t have to get the attorneys involved with OSHA and all that.

"When OSHA comes in, it’s like getting pulled over by the police. They accuse you, and you have to prove yes or no."

OSHA has the right to re-enter Big Rivers' facility if it is not satisfied with the company's responses as it addresses alleged violations, Lauber said.

"(Big Rivers) have to get these things done. I mean, it’s the federal government," she said.

This article originally appeared on Evansville Courier & Press: Big Rivers cited by OSHA in investigation into two workers' June deaths