Companies face manslaughter charges over fatal rig explosion

The U.S. Department of Justice has charged three companies and three individuals with crimes related to an oil rig explosion in the Gulf of Mexico, in November 2012. 

Black Elk Energy Offshore Operations LLC, Grand Isle Shipyards, Wood Group PSN, as well as Don Moss, Curtis Dantin, and Christopher Srubar have been charged with crimes for a November 2012 explosion on an oil production platform that resulted in the death of three workers, the injury of others and an oil spill, the Department of Justice’s (DoJ) Environment and Natural Resources Division and the U.S. Attorney’s Office for the Eastern District of Louisiana announced on Thursday.

According to the indictment, the defendants were involved in different capacities while construction work was being done of the West Delta 32 platform when it exploded.

According to the DoJ, Black Elk Energy and Grand Isle Shipyards are charged with three counts of involuntary manslaughter, eight counts of failing to follow proper safety practices under the Outer Continental Shelf Lands Act (OCSLA) and one count of violating the Clean Water Act. Wood Group PSN Inc., Moss, Dantin and  Srubar are charged with felony violations of OCSLA and the Clean Water Act.

“Workers lives can depend on their employer’s faithfulness to the law, not least of all those working in oil and gas production where safety must be a paramount concern,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and natural Resources Division.

“The Justice Department is committed to enforcing the nation’s bedrock environmental laws that protect the environment, and the health and safety of all Americans.”   

“The energy sector represents a vital industry in this region, but its work must be performed responsibly,” state U.S. Attorney Kenneth Polite for the Eastern District of Louisiana.

“Today’s indictment underscores that we will hold accountable all parties – both businesses and individuals – whose criminality jeopardizes our environment or risks the loss of life.”

“Developing domestic sources of energy must be done responsibly and safely,” said Assistant Special Agent in Charge Dan Pflaster of EPA’s Criminal Enforcement Program in Louisiana.

The Outer Continental Shelf Lands Act and federal regulations govern welding and activities that generate heat or sparks, known as “hot work,” on oil production platforms in U.S. waters. Because this work can be hazardous and cause explosions, regulations mandate specific precautions that must be taken before the work can start, said the DoJ. For instance, before hot work can be performed, pipes and tanks that had contained hydrocarbons must be isolated from the work or purged of hydrocarbons. Gas detectors and devices used to prevent gas from travelling through pipes must be used, the Department of Justice explained.

According to the Indictment, these safety precautions were not followed and an explosion causing the deaths of three men and a spill resulted.

An indictment is only an allegation of wrongdoing and the defendants are presumed innocent unless proven guilty at trial, the DoJ noted.

The case was investigated by the U.S. Department of Interior Office of Inspector General and EPA’s Criminal Investigations Division. The case is being prosecuted by Emily Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana and by Kenneth E. Nelson of the Environmental Crimes Section of the Department of Justice.