Thursday, April 2, 2015

ULTRATEC ALLOWED TO RESUME MAKING FIREWORKS IN WAKE OF DEADLY EXPLOSION THAT KILLED 2 WORKERS












APRIL 1, 2015

An Owens Cross Roads fireworks manufacturer partially shut down by the state fire marshal late last month following a deadly February blast that killed two workers has been allowed to resume operations. 

A joint news release from Ultratec and Alabama State Fire Marshal Ed Paulk released Wednesday morning indicates that the company can resume manufacturing.  

"Ultratec has been a good corporate citizen and has a good track record with our office," Paulk said. "Last week I stopped Ultratec's production activities while I reviewed certain concerns that had arisen recently. In the last few days, my office had several productive discussions with Adrian Segeren, Ultratec's president, who has worked cooperatively to address my concerns. We were able to solve these issues quickly and Ultratec's employees can now return to work."
Segeren said safety is the first priority at Ultratec.

"We are appreciative of the work that Marshal Paulk has done to ensure the safety of the citizens of Alabama. We look forward to returning to work and continuing our cooperative efforts with the Alabama State Fire Marshal's Office."


Ultratec had initially appealed Paulk's March 24 order, but the appeal was dismissed Tuesday by a Madison County circuit court judge. That dismissal came upon the request of Ultratec, which decided not to pursue its appeal. 

"Ultratec has abated or made substantial progress to abate the issues raised in the order, which has now been amended," the motion to dismiss read. "Thus, the issues raised in Ultratec's Notice of Appeal have been settled with the agency. Accordingly, Ultratec hereby notices the dismissal of its appeal."

Paulk's cease-and-desist order was against Ultratec's manufacturing arm. It cited structure failure and problems with housekeeping of hazardous material, stating they were susceptible to friction heat and pressure.

Inspectors also faulted the separation distances between certain buildings as not being code compliant and said that employees had no formal fireworks safety training and no annual continuing education.

Ultratec appealed the decision the following day. In the meantime, the company was still allowed to sell fireworks and other pyrotechnics that had already been manufactured.  

The Feb. 6 explosion killed two employees, Virginia Sanderson and Aimee Cothran. Several were injured with two of those people suffering serious burns. One of those suffering third-degree burns was McKenna Whorton. daughter of State Rep. Ritchie Whorton.

This year's explosion is not the first incident in Ultratec's history that has injured or killed workers. The latest previous explosion, in November 2013, caused extensive damage to the facility, as did a 2010 fire, but there were no injuries in either of those incidents. 

That was not the case in September 1999, when an explosion leveled one of the complex's buildings, killing Michael Vernon Ray, 35, and critically injuring Mike Brookshire. The men, who were inside the building, received second- and third-degree burns over 80 to 90 percent of their bodies.

A third worker, Mike Davis, was outside of the building, but was also injured. Davis had been burned in a smaller lab explosion just a few months before. 
Ultratec was known as Luna Tech at that time. The U.S. Occupational Safety and Health Administration fined Luna Tech $65,000 after the fatal explosion for what it said were improperly trained employees, a lack of an emergency plan and improper handling of hazardous materials.

About two weeks after OSHA handed down that fine, the company's owner, Tom DeWille, was himself critically injured in an explosion at the facility. DeWille, who was mixing the chemical compounds to make electrical matches, recovered from first- and second-degree burns on his face, neck, hands and upper body. 

OSHA fined the company $116,200 for that explosion, citing its failure to provide a plan for personal protective equipment for employees. DeWille was also cited for not wearing the proper gear and for improper storage of electrical equipment in the room where the explosion occurred.

DeWille no longer owns the company. His LinkedIn profile indicates he retired as the company's president in 2002. 

The Alabama Secretary of State's records list W. Brad English as the incorporator of Ultratec. The current president is Adrian Segeren. 

Ray's widow, Robin Ray, sued Luna Tech for wrongful death, but court records show that the lawsuit was dismissed with prejudice in April 2001. Brookshire also sued and settled with the company, which paid for the lengthy medical treatment he needed for his injuries.  
Source: http://www.al.com