Criminal complaint filed against Chevron on Monday in Contra Costa County Superior Court

Document Sample
Criminal complaint filed against Chevron on Monday in Contra Costa County Superior Court Powered By Docstoc
					FOR IMMEDI           ASE:
            IATE RELEA
August 5, 201
A           13
                                                       S     ASE
                                                    NEWS RELEA

    CHEV                     N    TEST PLE TO LA
                      NTERS NO CONT      EA     ABOR CODE
       H      A
                             DE           FOR AUG
                                   ATIONS F             2012
                                                GUST 6, 2
                      E      HMOND R
                  FIRE AT RICH           RY
           z,        ark
   Martinez CA -- Ma A. Peter              ct
                               rson, Distric Attorney of Contra C            nty,
                                                                  Costa Coun and the    e
   Californi Department of Justiice, announnced on Mo onday that C            SA,
                                                                   Chevron US Inc. wa   as
          d          nal        int                   of                     d
   charged in a crimin Complai with six violations o the Labor Code and Health and       d
   Safety Code. Chev                       o          o           arges at arra
                      vron USA, Inc. pled no contest to all six cha           aignment.

   Chevron was convi               lating the Labor Code by, among other thing failing to
                       icted of viol          L                     g           gs,        o
           d          s
   correct deficiencies in equipm ment and continuing to use equipm ment which was outsid de
                       ailing to pre
   acceptable limits; fa           event non-e                                  ing
                                              emergency personnel from enteri the
   emergen area; fa   ailing to imp                      njury and Ill
                                   plement an effective In           lness Preve          gram
                                                                                ention Prog
           ct          es                     h          d
   to protec employee from an imminent hazard; and failing to r      require the use of
           ve         ent          ct          es
   protectiv equipme to protec employee from exp         posure to ppotential harm. Chevro on
           o          d                       he
   was also convicted of two violations of th Health and Safety C               e
                                                                    Code for the negligentt
   emission of air contaminants.

           o            ement Chevron has ag
   As part of this settle                                spect every piece of p
                                              greed to ins         y                       ed
                                                                              pipe identifie
   as subje to sulfida             sion to ensure that eve pipe is of sufficient thickness to
                        ation corros                     ery
   operate safely.

          a          nt
   The plea agreemen also requ              ompany to m
                                 uires the co          make subst             nges to its
                                                                   tantial chan
   business practices in order to protect the health and safety of its workers, emergenc
          s                                 e          d                                  cy
         ders, and local residents.

                                 o           f
   “This criminal case achieves our goals of holding Chevron acc             or
                                                                  countable fo their
   conduct, protecting the public, and ensur
                       g                               r
                                            ring a safer work envirronment at the refinery
   said District Attorne Mark Pe
                       ey                   his        resolution is also poss
                                 eterson. “Th historic r           s                    o
                                                                             sible due to
   Chevron commitm                           w                     w         to
                       ment to do more than what is required by law in order t help ensure
                        er       s
   nothing like this eve happens again.”

   The Aug            2           e
           gust 6, 2012 fire at the Chevron USA Inc. Re
                                            U                       Richmond, C resulted
                                                         efinery in R          CA         d
           c          c           ure
   from a catastrophic pipe ruptu releasing a flamma                 sed
                                                         able fluid us in the hhydrocarbon n
   refining process. The high tem            f
                                   mperature fluid then va           nd         d
                                                          aporized an engulfed nineteen
   Chevron USA Inc. employees. Approxim     mately two m             er        al
                                                         minutes afte the initia release, the
           ble         o          or
   flammab portion of the vapo cloud ignited. The r                  he        d          ng
                                                        rupture of th pipe and the burnin of

   ____________                 ________________
                                                                               ________________               _________________
                                                                                              _________________               _______
   Special Opeerations Division                                                                                              57-8604
                                                                                                                      (925) 95
   900 Ward Street, Fourth Floo or                                                                                           46-4683
                                                                                                                  Fax (925) 64
   P.O. Box 6770
   Martinez, Caalifornia 94553
the vapor resulted in a large plume of unknown and unquantified particulates and vapor
into the environment.

As a condition of the plea, Chevron will be placed on probation for a period of three
years and six months. During that time, Chevron is ordered to conduct a 100%-
component inspection of all carbon steel piping systems identified as susceptible to
sulfidation corrosion and permit oversight of decisions related to the repair or
replacement of these pipes by the California Division of Occupational Safety and Health

Chevron must also confer with experts about what repairs and upgrades must be done
and document the reasons that any repairs or upgrades are not done or are deferred.

Chevron is also ordered to include a consideration of damage mechanisms when
making changes to work processes to ensure safeguards are in place to control
hazards; provide enhanced safety training; and promote transparency through reporting
and verifications reports.

“The prosecutors and investigators in the Contra Costa County Environmental
Protection Unit work closely with Cal/OSHA and the Bay Area Air Quality Management
District,” said District Attorney Peterson. “We would like to thank Cal/OSHA and the
Bay Area Air Quality Management District, because without their hard work,
professionalism, and diligent support this resolution would never have occurred.”

Under the settlement, Chevron must also pay $2 million dollars in restitution and costs
which includes $1.28 million in fines and penalties, and $575,000 in costs to Cal/OSHA,
the Bay Area Air Quality Management District, and the California Department of Justice.
Chevron will also be required to contribute $145,000 to Richmond BUILD, a public-
private partnership focused on developing well trained and skilled workers in the high-
growth, high-wage construction and renewable energy fields.

This case was handled in Contra Costa County by Deputy District Attorney Stacey
Grassini and Senior Inspector Jeff Soler and for the California Department of Justice by
Deputy Attorneys General Brett Morris and Rose Fua.