NRCS, owners sentenced for violating environmental and worker safety laws

The Omaha Railcar Cleaning Company and owners were convicted for violating environmental and worker safety laws, which ultimately resulted in the deaths of two workers. Steven Michael Braithwaite, Adam Thomas Braithwaite and their company Nebraska Railcar Cleaning Services LLC (NRCS) were sentenced today in Omaha, Nebraska. According to a press release from the United States Attorney’s Office, they were convicted of “deliberate violations of worker safety standards that resulted in the deaths of two workers, knowing violations of the resources (RCRA) involving hazardous waste and knowing the endangerment of others, knowing the submission of false documents to the Occupational Safety and Health Administration (OSHA) and perjury Steven Braithwaite will serve 30 months in prison and pay 100,000 $ in restitution, Adam Braithwaite will serve one year and one day in prison and pay $100,000 in restitution and the NRCS and the individual defendants will have to serve five years of probation and pay a $21,000 fine. , “NRCS workers were inside and on top of a tank car, removing oil residue from inside the tank, when flammable gases in the w agon-cistern ignited and exploded. Two workers died and another was injured in The NRCS accepted the job after receiving an inquiry from one of its customers in January 2015. The investigation included a Safety Data Sheet (SDS) for the product in the wagon, describing it as “natural gasoline” with a “severe” class four flammability rating (the highest rating). The MSDS went on to state that natural gasoline would ignite at zero degrees Fahrenheit and that it contained benzene, a “cancer hazard. Despite no testing for benzene and an acceptable explosive gas level test at first work, NRCS sent two of its employees into the tank car. The employees began to remove the toxic and flammable residues, with the assistance of a third outside employee. The third employee pulled buckets of trash through the top hatch and dumped it in a regular dumpster to be taken to a municipal landfill, even though the residue was hazardous waste.About an hour into the cleanup, a spark caused the fatal explosion. ” “Every worker, including every worker performing hazardous work, has the right to a safe workplace,” said Assistant Attorney General Todd Kim of the Department of Environmental and Natural Resources Justice. Resources Division. “Tragically, two workers suffered preventable deaths at Nebraska Railcar Cleaning Services due to the defendants’ failure to follow the law. Today’s sentencing offers a measure of justice for them and their families.” sometimes downplayed as mere regulatory crimes, but this case shows just how important those regulations are,” said U.S. Attorney Jan W. Sharp of the District of Nebraska. would have been inside a tank car with toxic gases at explosive concentrations. If they had followed regulations, buckets of hazardous waste would not have been dumped into regular dumpsters. If they had followed the rules, two men would have gone home at the end of their working day. Office of Enforcement and Compliance Assurance of the Environmental Protection Agency (EPA). “Today’s convictions send a clear message that people who intentionally break these laws will be held accountable for their crimes.” “Steven and Adam Braithwaite ignored Occupational Safety and Health Administration (OSHA) regulations, disregarded safety protocols, and provided false information to OSHA, which resulted in the tragic loss of two lives,” the statement said. “Special Agent in Charge Steven Grell of the Dallas Area Department of Labor Inspector General’s Office, which includes Nebraska. “We will continue to work with OSHA and our law enforcement partners to hold accountable those who prevent Department of Labor agencies from fulfilling their missions.” “Steven and Adam Braithwaite chose to protect themselves by providing false documents to OSHA after the deaths of two employees. , giving the impression that they had followed the safety instructions, but in fact they deliberately ignored the warnings indicating a risk of explosion and sent these two men into a deadly situation,” said regional lawyer Christine Heri of the US Department of Labor in Chicago. “The Department of Labor is committed to bringing justice to the families of these workers and to holding employers accountable to their legal obligation to protect workers on the job.” The case was investigated by the EPA’s Criminal Investigations Division and the Department of Labor Inspector General’s office. Lead Attorney Krishna S. Dighe from the Department of Justice, Environmental Crimes Section, and Assistant U.S. Attorney Donald J. Kleine from the District of Nebraska are prosecuting the case.

The Omaha Railcar Cleaning Company and owners were convicted for violating environmental and worker safety laws, which ultimately resulted in the deaths of two workers.

Steven Michael Braithwaite, Adam Thomas Braithwaite and their company Nebraska Railcar Cleaning Services LLC (NRCS) were sentenced today in Omaha, Nebraska.

According to a press release from the United States Attorney’s Office, they were convicted of “deliberate violations of worker safety standards that resulted in the deaths of two workers, knowledge of violations of the resources (RCRA) involving hazardous waste and knowledge of endangering others, knowing submitting false documents to the Occupational Safety and Health Administration (OSHA) and perjury.”

Steven Braithwaite will serve 30 months in prison and pay $100,000 in restitution, Adam Braithwaite will serve one year and one day in prison and pay $100,000 in restitution and the NRCS and individual defendants will have to serve five years of probation and pay a fine of $21,000.

According to court documents from April 14, 2015, “NRCS workers were inside and on top of a tank car, removing petroleum residue from inside the tank, when flammable gases in the tank car tanker ignited and exploded Two workers died and another was injured NRCS accepted the job after receiving an application from one of its clients in January 2015. The investigation included a data sheet of (SDS) for the product in the rail car, describing it as “natural gasoline” with a “severe” effect Class 4 flammability rating (the highest rating).The SDS then stated that the natural gasoline would ignite at zero degrees Fahrenheit and that it contained benzene, a “cancer hazard. Despite no test for benzene and unacceptable explosive gas level test. At the start of the work, the NRCS sent two of its employees to the tank car. Employees began removing toxic and flammable residues, with a third employee assisting from the outside. The third employee pulled buckets of trash up through the top hatch and dumped them in a regular dumpster to be taken to a municipal landfill, even though the residue was hazardous waste. About an hour into the cleanup, a spark caused the fatal explosion.”

“Every worker, including every worker performing hazardous work, has the right to a safe workplace,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Tragically, two workers suffered preventable deaths at Nebraska Railcar Cleaning Services due to defendants’ failure to follow the law. Today’s sentences provide a measure of justice for them and their families.

“Violations of worker safety and environmental standards are sometimes downplayed as mere regulatory offenses, but this case shows how important those regulations are,” said U.S. Attorney Jan W. Sharp for the District of Nebraska. “If the defendants had followed the regulations they knew well, no one would have been inside a tanker truck containing toxic gases in explosive concentrations. If they had followed the regulations, the buckets of waste hazardous materials would not have been thrown in the regular dumpsters.If they had followed the rules, two men would have gone home at the end of their working day.

Defendants’ decision to ignore environmental and worker safety regulations resulted in the tragic deaths of two workers,” said Larry Starfield, acting deputy administrator of the Office of Enforcement and Compliance Assurance. Environmental Protection Agency (EPA). “Today’s convictions send a clear message that individuals who intentionally violate these laws will be held accountable for their crimes.”

“Steven and Adam Braithwaite ignored Occupational Safety and Health Administration (OSHA) regulations, ignored safety protocols and provided false information to OSHA, resulting in the tragic loss of two lives,” said Department Special Agent in Charge Steven Grell. of Labor’s Office of Inspector General Dallas Region, which includes Nebraska. We will continue to work with OSHA and our law enforcement partners to hold accountable those who prevent Department of Labor agencies from fulfilling their missions..”

“Steven and Adam Braithwaite chose to protect themselves by providing false documentation to OSHA after two employees died, pretending they had followed safety requirements, but in fact deliberately ignored warnings indicating a explosion hazard and sent these two men into a life-threatening situation,” said regional attorney Christine Heri of the U.S. Department of Labor in Chicago. “The Department of Labor is committed to bringing justice to the families of these workers and to holding employers accountable to their legal obligation to protect workers on the job.”

The matter was investigated by the EPA’s Criminal Investigations Division and the Department of Labor’s Office of Inspector General. Lead Attorney Krishna S. Dighe from the Department of Justice, Environmental Crimes Section, and Assistant U.S. Attorney Donald J. Kleine from the District of Nebraska are prosecuting the case.

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