Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, March 18, 1992 TAG: 9203180113
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE: CATHRYN McCUE
DATELINE: NARROWS LENGTH: Medium
An agreement between the company and the department reached March 6 reduces the original citation from "willful" to "serious," and reduces the fine to $5,000.
In a news release Tuesday, Celco plant manager Don Lisman announced that a $5,000 educational trust fund would be established for the worker's two sons.
Jerry Wayne Smith, 45, died Feb. 26, 1991, of head injuries when a three-foot valve he was testing for leaks blew apart.
The department said the air pressure that Smith was using exceeded the valve manufacturer's specifications. Further, according to the department, the bolts around the valve were too tight.
It was the first fatality in 15 years at the Giles County textile plant, which employs about 2,000 people and operates 24 hours a day.
Celco contested the agency's findings, and said the accident was the result of a "freak combination" of events that could not have been foreseen.
Tom Butler, assistant commissioner for training and public services with the department, said the "willful" violation fell under the agency's general duty clause, which requires employers to provide safe workplaces.
With the company's challenge, the department would have had to prove in court that Celco knew of conditions or violations that would have led to the accident.
"It wasn't as clear-cut that willful was the case, but it was very clear to us that it was serious," Butler said.
The department's criteria for a "serious" violation is that a "substantial probability" exists that death or a bodily injury could occur, he said.
"Our purpose here is not to punish," he said, but to prevent future accidents.
Plant spokesman and human resources manager Gary List said the agreement makes legally binding certain measures the company took after the accident.
"I think what we ultimately came to was a compromise to put this very sad and protracted situation behind us and worry about the future," List said.
Under the settlement reached with the labor department, Celco agreed to implement uniform, written testing and training procedures for certain valves throughout the plant. The agreement was signed by Celco and the department, as well as representatives of the Textile Workers Union of America.
The company also agreed in the settlement to prohibit untrained employees from performing such tasks.
The department will review Celco's testing and training procedures.
by CNB