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