$1 million fine in pipeline fire that killed five

By Sara Burnett, Rocky Mountain News (Contact)

Originally published 08:22 p.m., March 24, 2008
Updated 08:22 p.m., March 24, 2008

As the nine-man crew descended some 1,500 feet into a pipeline at a Georgetown power plant last fall, fate was stacked against them.

The men were using a highly flammable solvent to spray epoxy paint inside the 12-foot-wide tunnel, but they carried no fire extinguishers.

The fan they used to ventilate the area wouldn't push dangerous fumes far enough away to make the air around the men safe.

The light bulbs on their sprayers, at their coolest temperature, were hot enough to ignite the flammable vapors. Their power source had an open circuit breaker, and the electrical controls on their sprayers were not explosion-proof.

On Monday, the Occupational Safety and Health Administration said those conditions contributed to the Oct. 2 death of five men inside the penstock at Xcel's Cabin Creek hydroelectric power plant.

The men, all employees of California-based RPI Coatings, Inc., died after an electrical spark ignited a fire, trapping them inside. Four others escaped.

OSHA proposed $845,100 in penalties against RPI, and $189,900 in penalties for Xcel "for alleged serious and willful violations of federal workplace safety and health standards."

"The catastrophe could have been avoided if the companies had followed their critical safety procedures," said Edwin G. Foulke Jr., assistant secretary of labor for OSHA. "There should never be such a disregard for the safety of employees."

RPI declined comment Monday.

In a statement, Dick Kelly, president, chairman and CEO of Xcel Energy, said the company is studying OSHA's findings.

While he did not comment on specific citations, Kelly said he disagreed with any finding that implied the company acted without regard to the workers' safety.

He also extended sympathies to the family, friends and co-workers of the men who died.

They were Donnie DeJaynes, 43; Dupree Holt, 37; James St. Peters, 52; Gary Foster, 48; and Anthony Aguirre, 18.

All the men were from California. They had been living in the Georgetown area and working at the plant — first sandblasting the pipeline, then painting it — for about a month before they died.

A relative of one of the victims told the Rocky Mountain News last fall that DeJaynes, told his wife the day before he died that he was concerned about the workers' safety.

The pipeline had only one exit. When the fire occurred, four men were below the fire, about a quarter-mile from the door. Those men and DeJaynes, who was uphill of the fire, died.

Major Rick Albers of the Clear Creek County Sheriff's Office said an investigation into the fire was completed last month. Reports were turned over to the district attorney of the Fifth Judicial District, who is reviewing them to determine if criminal charges should be filed.

The OSHA investigation turned up 13 "willful" citations — or violations that indicate intentional disregard for worker safety — and 25 serious citations against RPI Coatings, including some that were not related to the fire. Among the willful violations was not equipping the crew with fire extinguishers, using improper electrical devices and improper ventilation.

Xcel was issued two willful citations, for not taking precautions to protect its workers from hazards in the tunnel and not ensuring proper rescue services were available.