Investigation The case was investigated by the
US Chemical Safety and Hazard Investigation Board and a formal report was released on August 25, 2010. The investigation was hampered by Xcel and RPI refusing to furnish testimony, evidence, and response to questions from the investigating board. Many RPI managers invoked their
fifth amendment right from self-incrimination. Among the findings of the investigation: • MEK was the source of the flash fire • Both Xcel and RPI knew in advance of the need to use a flammable solvent inside the penstock • Despite the penstock having very limited egress routes, ventilation, and very dangerous working conditions, neither Xcel nor RPI treated the tunnel as a permit-required confined space as required by OSHA • Neither Xcel nor RPI's training and safety programs were adequate for the task of working in the penstock • Both Xcel and RPI had, prior to the accident, identified a single point of egress as a major safety concern, yet did nothing about it • The emergency action plan of calling 911 was inadequate, as the local emergency service providers were not equipped, nor trained, to respond to an emergency in a confined space • Xcel Energy did not follow their own guidelines when selecting RPI as a contractor for the job; RPI received a safety rating of "zero" and should have been excluded from contention, but proved to be the lowest bidder • Xcel was aware of life-threatening working conditions at the site, yet did nothing about it Allegations have been made that RPI destroyed evidence (log books, etc.) at the job site.
Criminal case against Xcel Energy and RPI Coating On June 1, 2011, Federal prosecutors opened their charges that Xcel Energy was criminally liable for the deaths of the five RPI workers. On June 28, the jury found Xcel Energy not guilty. The contractor, RPI Coating, had a long history of citations from both federal and state agencies. The company had accumulated fines totaling $135,569 from ninety incidents since 1988. Most of the fines stemmed from unsafe working conditions, such as a worker who was crushed by a work platform while working on the I-80
San Francisco Bay Bridge. These ninety incidents were accumulated while the company was operating under the name of Robison Prezioso Inc. Of the ninety fineable incidents, twenty-seven were violations considered serious by the
OSHA. On December 19, 2011, RPI Coating pleaded guilty to workplace safety violations and paid $1.55 million in a cash settlement. The company took responsibility for the deaths of five workers and the injuries to three. This plea deal prevented a civil lawsuit and subjected RPI to further monitoring for workplace safety violations. ==References==