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Two workers, Adrian LaPour and Dallas Foulk, died in an explosion while cleaning the interior of a railroad tanker car that had been carrying “natural gasoline,” a liquid fuel produced from natural gas. The flammable gases in the tanker ignited and exploded, killing LaPour and Foulk. OSHA requires employers to take several precautionary steps before allowing workers inside a tank, such as testing the interior air for explosive gases or harmful chemicals. There was no monitoring of the tanker involved in the explosion, but the defendants admitted in their plea agreements that they falsely claimed to OSHA that they were taking safety precautions and testing the tankers for benzene.
U.S. Attorney Jan Sharp of the District of Nebraska
Fire/ Explosion
Douglas
Nebraska
April 14, 2015
Folder for Nebraska Railcar Cleaning Services L.L.C materials
Unavailable
| First | Last | Age | Title | Employer | Injury Type |
|---|---|---|---|---|---|
| Adrian | LaPour | Unavailable | Unavailable | Nebraska Railcar Cleaning Services L.L.C | Fatality |
| Dallas | Foulk | Unavailable | Unavailable | Nebraska Railcar Cleaning Services L.L.C | Fatality |
| Name | Type | Title | Plea Information | Conviction Sentence |
|---|---|---|---|---|
| Nebraska Railcar Cleaning Services L.L.C. | Entity | Entity | Pleaded guilty to willful violations of OSHA standards that resulted in two deaths, submission of false documents to OSHA, and perjury. | Sentenced to 5 years probation and ordered to pay a $21,000 fine for willful violations of worker safety standards that resulted in two worker deaths. |
|
Penal Crimes Charged
Violation of Title 29, United States Code, Section 666(e): willful violation of an OSHA regulation causing the death of an employee. The violation is a second-degree criminal misdemeanor. |
Other Crimes Charged
Knowing violations of the Resource Conservation and Recovery Act (RCRA) involving hazardous waste and knowing endangerment to others; knowing submission of false documents to the Occupational Safety and Health Administration (OSHA); and perjury. |
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| Steven Braithwaite | Individual | President and majority owner | Pleaded guilty to willful violations of OSHA standards that resulted in two deaths, submission of false documents to OSHA, and perjury. | Steven Braithwaite was sentenced to 30 months in prison, $100,000 in restitution, and 5 years probation for willful violations of worker safety standards that resulted in two worker deaths. |
|
Penal Crimes Charged
Violation of Title 29, United States Code, Section 666(e): willful violation of an OSHA regulation causing the death of an employee. The violation is a second-degree criminal misdemeanor. |
Other Crimes Charged
Knowing violations of the Resource Conservation and Recovery Act (RCRA) involving hazardous waste and knowing endangerment to others; knowing submission of false documents to the Occupational Safety and Health Administration (OSHA); and perjury. |
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| Adam Braithwaite | Individual | Vice President | Pleaded guilty to willful violations of OSHA standards that resulted in two deaths, submission of false documents to OSHA, and perjury. | Adam Braithwaite was sentenced to one year and one day in prison, $100,000 in restitution, and 5 years probation for willful violations of worker safety standards that resulted in two worker deaths. |
|
Penal Crimes Charged
Violation of Title 29, United States Code, Section 666(e): willful violation of an OSHA regulation causing the death of an employee. The violation is a second-degree criminal misdemeanor. |
Other Crimes Charged
Knowing violations of the Resource Conservation and Recovery Act (RCRA) involving hazardous waste and knowing endangerment to others; knowing submission of false documents to the Occupational Safety and Health Administration (OSHA); and perjury. |
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