Scaled Composites Space Tourism Firm Fined Over Deaths

$25,870 seems like a paltry slap on the wrist for three deaths, but I
suppose the victims' families will likely demand substantially more.


--------------------------
http://www.latimes.com/business/care...,5443287.story
Space tourism firm fined over deaths

Burt Rutan's Scaled Composites must pay $25,870 after three workers
died at its Mojave test facility. Criminal or civil charges could
still be filed.

By John Johnson Jr., Los Angeles Times Staff Writer
January 19, 2008

Scaled Composites, the fledgling space tourism company founded by
rocket pioneer Burt Rutan, was fined $25,870 on Friday as a result of
an accident last July that killed three workers at the firm's Mojave,
Calif., testing facility.

The fine covered five violations of workplace safety codes, including
a failure to maintain a safe working environment and to properly train
workers handling hazardous materials, according to the California
Division of Occupational Safety and Health.

The three workers -- Eric Dean Blackwell, 38; Charles Glen May, 45;
and Todd Ivens, 33 -- were killed in an explosion at a remote testing
site at the Mojave Air and Space Port on July 26. Three other
employees were injured in the blast, which occurred when a tank of
nitrous oxide ignited during a test of the spacecraft's propellant
system.

....

Of the five violations cited, two were listed as serious, meaning that
they carried a substantial risk of death or serious injury. One
citation, imposing an $18,000 fine, charged that the company failed to
correct unsafe conditions or workplace practices associated with the
handling of nitrous oxide.

A second accused the firm of failing to inform workers about and train
them in the safe use of hazardous materials, specifically nitrous
oxide.

All five violations have been corrected, said Cal/OSHA spokeswoman
Kate McGuire. She said her office does not determine criminal
negligence. That will be up to Kern County Dist. Atty. Edward R.
Jagels. Steve Katz, supervisor of the district attorney's white collar
crime section, said he hadn't seen the results of the state inquiry.
After reviewing it, prosecutors could file criminal, civil or no
charges, he said.



http://www.newscientist.com/article/...0-seconds.html
Space pioneer fined

Private rocket-builder Scaled Composites has been fined $25,870 over
an accident that killed three of its employees in July 2007.
California's industrial safety agency said the company failed to fully
train employees to handle nitrous oxide, which exploded during tests
of its SpaceShipTwo craft.



http://www.chron.com/disp/story.mpl/space/5468426.html
Jan. 19, 2008, 2:02AM
Space tourism firm is fined $25,870 after deadly mishap

By JOHN JOHNSON JR.
Los Angeles Times
....
Rutan said it was the first injury during a test in the company's
25-year history. Shortly after the accident, the company established
the Scaled Family Support Fund to channel donations to the families of
the injured and dead.



http://www.msnbc.msn.com/id/22733186/
Spaceship builder faces fines for fatal blast
State officials fault training at Scaled Composites; $25,870 in fines
sought
NBC News video

Fatal explosion in Mojave desert
July 27, 2007blast at a Mojave Air and Space Port facility belonging
released nitrous oxide, or laughing gas, into the air. NBC's Lester
Holt reports.
....
Until the blast, Scaled had not lost any workers on the job since its
founding in 1982 by maverick aerospace designer Burt Rutan. In 2004,
Rutan's SpaceShipOne achieved a spaceflight milestone by climbing more
than 62 miles (100 kilometers) high on a suborbital journey above
Mojave. It went on to make two more flights to win the $10 million
Ansari X Prize.
....
Rutan said at the time of the accident the test had been carried out
safely many times during the SpaceShipOne program and once before for
the SpaceShipTwo program.



http://www.newstin.com/sim/us/38745222/en-009-001080412

NewsTin has found 27 articles related to this story.

Inspectors cite rocket-builder Scaled Composites over explosion that
killed 3

Jan 19, 2008 27 related article analysis
The company that flew the first privately funded manned rocket into
space has been cited in connection with an explosion last summer that
killed three workers, the state said Friday. ... California
occupational safety inspectors said in a report that Scaled
Composites...

Larry Dighera wrote:
$25,870 seems like a paltry slap on the wrist for three deaths, but I
suppose the victims' families will likely demand substantially more.

Don't count on it.

IANAL, but from what I've heard, worker's
compensation insurance is often the "exclusive
remedy" allowed for workplace injuries.

On Feb 4, 7:32*pm, Jim Stewart wrote:
Larry Dighera wrote:
$25,870 seems like a paltry slap on the wrist for three deaths, but I
suppose the victims' families will likely demand substantially more.

Don't count on it.

IANAL, but from what I've heard, *worker's
compensation insurance is often the "exclusive
remedy" allowed for workplace injuries.

Might be a case for negligence.

Wil

On Feb 4, 4:32*pm, Jim Stewart wrote:
Larry Dighera wrote:
$25,870 seems like a paltry slap on the wrist for three deaths, but I
suppose the victims' families will likely demand substantially more.

Don't count on it.

IANAL, but from what I've heard, *worker's
compensation insurance is often the "exclusive
remedy" allowed for workplace injuries.

What types of torts are available will be dependent on the
jurisdiction. However, any business has a duty to "inspect and warn"
of dangers on the property. Perhaps a negligence could be established
if the management knew of the dangers and did not "inspection" (i.e.
manage it) and "warn" (post warning signs).
However, in life, crap happens too. Sometimes people die and others
get hurt and it isn't anyone's fault. Its a flaw in our modern system
of jurisprudence that we assume that there must be a fault when there
is an injury.

-Robert

Have Fun collecting from a Piece Of Paper!!!!!!!!!!

If there is a Civil Action aka Wrongful Death Judgments etc. If they were not
smart enough to have a insurance policy then it's Called Bank-o on the Corp and
they can start a new one!! Aka, Scaled Space Composites Corp.

Ask the Trump.... How many time has he done it?

This is the fine paid to the state. It has nothing to do with the
compensation to the families of those killed.

"Larry Dighera" wrote in message
...

$25,870 seems like a paltry slap on the wrist for three deaths, but I
suppose the victims' families will likely demand substantially more.


--------------------------
http://www.latimes.com/business/care...,5443287.story
Space tourism firm fined over deaths

Burt Rutan's Scaled Composites must pay $25,870 after three workers
died at its Mojave test facility. Criminal or civil charges could
still be filed.

By John Johnson Jr., Los Angeles Times Staff Writer
January 19, 2008

Scaled Composites, the fledgling space tourism company founded by
rocket pioneer Burt Rutan, was fined $25,870 on Friday as a result of
an accident last July that killed three workers at the firm's Mojave,
Calif., testing facility.

The fine covered five violations of workplace safety codes, including
a failure to maintain a safe working environment and to properly train
workers handling hazardous materials, according to the California
Division of Occupational Safety and Health.

The three workers -- Eric Dean Blackwell, 38; Charles Glen May, 45;
and Todd Ivens, 33 -- were killed in an explosion at a remote testing
site at the Mojave Air and Space Port on July 26. Three other
employees were injured in the blast, which occurred when a tank of
nitrous oxide ignited during a test of the spacecraft's propellant
system.

...

Of the five violations cited, two were listed as serious, meaning that
they carried a substantial risk of death or serious injury. One
citation, imposing an $18,000 fine, charged that the company failed to
correct unsafe conditions or workplace practices associated with the
handling of nitrous oxide.

A second accused the firm of failing to inform workers about and train
them in the safe use of hazardous materials, specifically nitrous
oxide.

All five violations have been corrected, said Cal/OSHA spokeswoman
Kate McGuire. She said her office does not determine criminal
negligence. That will be up to Kern County Dist. Atty. Edward R.
Jagels. Steve Katz, supervisor of the district attorney's white collar
crime section, said he hadn't seen the results of the state inquiry.
After reviewing it, prosecutors could file criminal, civil or no
charges, he said.



http://www.newscientist.com/article/...0-seconds.html
Space pioneer fined

Private rocket-builder Scaled Composites has been fined $25,870 over
an accident that killed three of its employees in July 2007.
California's industrial safety agency said the company failed to fully
train employees to handle nitrous oxide, which exploded during tests
of its SpaceShipTwo craft.



http://www.chron.com/disp/story.mpl/space/5468426.html
Jan. 19, 2008, 2:02AM
Space tourism firm is fined $25,870 after deadly mishap

By JOHN JOHNSON JR.
Los Angeles Times
...
Rutan said it was the first injury during a test in the company's
25-year history. Shortly after the accident, the company established
the Scaled Family Support Fund to channel donations to the families of
the injured and dead.



http://www.msnbc.msn.com/id/22733186/
Spaceship builder faces fines for fatal blast
State officials fault training at Scaled Composites; $25,870 in fines
sought
NBC News video

Fatal explosion in Mojave desert
July 27, 2007blast at a Mojave Air and Space Port facility belonging
released nitrous oxide, or laughing gas, into the air. NBC's Lester
Holt reports.
...
Until the blast, Scaled had not lost any workers on the job since its
founding in 1982 by maverick aerospace designer Burt Rutan. In 2004,
Rutan's SpaceShipOne achieved a spaceflight milestone by climbing more
than 62 miles (100 kilometers) high on a suborbital journey above
Mojave. It went on to make two more flights to win the $10 million
Ansari X Prize.
...
Rutan said at the time of the accident the test had been carried out
safely many times during the SpaceShipOne program and once before for
the SpaceShipTwo program.



http://www.newstin.com/sim/us/38745222/en-009-001080412

NewsTin has found 27 articles related to this story.

Inspectors cite rocket-builder Scaled Composites over explosion that
killed 3

Jan 19, 2008 27 related article analysis
The company that flew the first privately funded manned rocket into
space has been cited in connection with an explosion last summer that
killed three workers, the state said Friday. ... California
occupational safety inspectors said in a report that Scaled
Composites...

On Mon, 4 Feb 2008 17:44:49 -0800 (PST), "Robert M. Gary"
wrote:

On Feb 4, 4:32*pm, Jim Stewart wrote:
Larry Dighera wrote:
$25,870 seems like a paltry slap on the wrist for three deaths, but I
suppose the victims' families will likely demand substantially more.

Don't count on it.

IANAL, but from what I've heard, *worker's
compensation insurance is often the "exclusive
remedy" allowed for workplace injuries.

As someone else mentioned, and the news release says, this is a state *fine*,
not a worker's comp settlement.

What types of torts are available will be dependent on the
jurisdiction. However, any business has a duty to "inspect and warn"
of dangers on the property. Perhaps a negligence could be established
if the management knew of the dangers and did not "inspection" (i.e.
manage it) and "warn" (post warning signs).

A buddy of mine is a rocket engineer, with absolutely no connection to Scaled or
the company that designed the rocket. After this accident, I asked him for his
best guess, and he suspected that Nitrous Oxide would be at the center of it.
NO2 is benign, *except* in liquid form, where it turns out to be quite
hazardous.

Obviously, the state felt that Scaled didn't take sufficient precautions. Some
people at the company have been contemptuous of the "traditional" space
industry...but if that contempt led to rejection of industry-standard safety
practices, I'm afraid that Scaled is likely due for a hard time in court.

Ron Wanttaja

I am not dismissing that there were injuries and deaths at Scaled
Composites...

However, as an office based business that has had dealings with OSHA,
I can tell you from experience that they will find 'serious' problems
everywhere... In our case it was having an uncontained corrosive
substance, no explosion proof metal safety locker for storing it, no
safety poster with the MSDS for the corrosive, and failing to have a
full body shower and eye shower station...
What was this corrosive substance that triggered the OSHA action, you
ask? Uranium hexafloride? Red fuming Nitric Acid for fueling my V2
rocket?
Well sir, it was a gallon of salad vinegar from the local supermarket
(where they have a stack of them in the middle of the aisle) that the
janitor kept in the cleaning supplies closet for cleaning the
windows...
In order to avoid the fine, we had to submit a notarized affadavit
that said 'corrosive substance' had been removed from the office and
disposed of in accordance with the laws governing hazardous waste...

Based upon my dealings with OSHA, I have a jaundiced eye when I read
ANY pronouncements from them...

denny

William Hung wrote:
On Feb 4, 7:32 pm, Jim Stewart wrote:
Larry Dighera wrote:
$25,870 seems like a paltry slap on the wrist for three deaths, but I
suppose the victims' families will likely demand substantially more.
Don't count on it.

IANAL, but from what I've heard, worker's
compensation insurance is often the "exclusive
remedy" allowed for workplace injuries.

Might be a case for negligence.

Wil

Depending on jurisdiction, and I don't do any work for California
clients, you usually need to have a third party involved for negligence
claims to come in. Where that often hits the employer is that some sort
of waiver of subrogation is in place where the employer has indemnified
the third party.

On Feb 4, 6:44*pm, NW_Pilot
wrote:
Have Fun collecting from a Piece Of Paper!!!!!!!!!!

If there is a Civil Action aka Wrongful Death Judgments etc. If they were not
smart enough to have a insurance policy then it's Called Bank-o on the Corp and
they can start a new one!! Aka, Scaled Space Composites Corp.

Ask the Trump.... How many time has he done it?

Trump's reorganizations have all been coorperative. To my knowledge
he's never had a contested court ordered dismissal of debt. When you
are as big as Trump the banks don't loan him money the way they would
you. His bankers have their own office in his office and work directly
with him. They review his financials regularly. They are more
investors than bankers.

-Robert