The CEO of a now defunct HazMat hauler in Texas called Port Arthur Chemical and Environmental Services (PACES) has acknowledged his part in causing the poisoning death of two of his drivers. The CEO, Matthew Bowman, plead guilty to violating the Occupational Safety and Health Act and making a false statement.
According to a press release from the Department of Justice, Bowman was in charge of directing and approving all PACES operations including “the disposal of hydrogen sulfide wastewater, and ensuring implementation of employee safety precautions.”
PACES was a company that was in the business of producing and selling “caustic materials” to paper mills, the production of which involved the use of hydrogen sulfide, a poisonous gas. According to the National Institute for Occupational Safety and Health, hydrogen sulfide is the leading cause of sudden death in the workplace.
Under Bowman’s supervision, PACES was transporting hazardous materials illegally “with false documents and without the required placards.” Even worse than that, he didn’t take steps to properly protect his drivers from exposure to the hazardous gases that they were hauling.
The DOJ press release goes on to state that “The exposure resulted in the deaths of two employees, Joey Sutter and Charles Sittig, who were truck drivers, at the PACES facility.”
According to the DOJ, Bowman now faces up to five years in federal prison and a fine of up to $250,000 at sentencing. There may also be charges levied against PACES as well and the corporation faces fines of up to $500,000 per count.
“Laws regarding the safe and legal handling of hazardous materials are in place for a reason – to save lives,” said Ivan Vikin, Special Agent in Charge of the U.S. Environmental Protection Agency’s (EPA) criminal enforcement program in Texas. “The defendant admitted that his actions directly led to the death of one of his employees. This plea demonstrates that EPA and its partner agencies, the Texas Commission on Environmental Quality’s Environmental Crimes Unit and the Department of Transportation’s Office of the Inspector General, will prosecute anyone whose actions place the public at risk.”
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Source: justice
i liked to know who the lawyer is cause i had company poison me but i survived and
keep being to;d you cant do nothing about it cause i work in virginia.
James send me an email, would like to talk to ya. subject chemical.
Dot fmcsa spending a little to much.time harrassing drivers and not enuf time focusing on these crruers ie ripping drivilers off forced dispatch etc. Red flag shud be the turnover .anyine considering OTR id rethink it unless you like being a puppet and lied to
All he may get is 5 years for 2 deaths. Are you kidding me? Goes to show how much a truck drivers life is worth. That’s a shame before God.
Was this murder, it is interesting a CEO could kill two men and get less time than someone robbing a liquor store. As far as the 500,000 fine, how many millions did he sock away before the slow gears of government caught up with him. This is another calculated crime where the gain far out weighs the consequences. With Texas so eager to execute, how did this scumbag escape a capital murder trail?
Sad to hear about two drivers having passed away due to the poor policies of the shipper, carrier, and especially the FMCSA for allowing this type of operation to go on. Why didn’t any of the weigh stations step in and stop this operation. It was just last week when the FMCSA had their BIG yearly crack down on trucks. (Revenue collecting hype). The FMCSA knew exactly the type of operation was going on. (Look at the records).
Even more sad is the family members of these two drivers. Take a good look at how little a drivers life is worth. The penalty given out was pitiful to say the least. This could easily have been other drivers as well. And, what about the left over drivers who got sick but didn’t die? Considering the worth of a driver, we better not go there.
The FMCSA gives far to much concern for possible driver citations or over weight issues than intentional carrier/shipper violations.
Only 5 years for 2 deaths! He should have been given life in prison. The drivers should have known better also, you have to protect yourselves.
Just another reason I am liking this country less and less. The person who delibertly tried to kill me only served 9 months so I’m not surprised at all.
Sad but the drivers should have known. Better refuse the load and document
How could the drivers have known what they were hauling when the documents were falsified? We really don’t know what we are hauling. We only know what’s printed on the manifest/bill of lading.
Wait one! The FMCSA should have stepped in to stop an illegal enterprise, that they had no idea that was going on? But on the other hand they limit “my” earning potential with too many regulations. No wonder so many”Black hearted” companies get away with murder and corruption – “We” as drivers and operators, won’t take the time to educate and defend ourselves against this type of abuse! Apathy and stupidity will destroy all in their path.
Not defending the companies, but you can’t blame the government for limiting your earning potential. It is the sole fault of drivers that they accept the wages offered, and don’t band together and say ‘no’ to low wages and mileage based pay. If drivers said “I won’t work for less than $x” per week, and meant it, then you’d see some pretty quick changes happening.
Well, the drivers probably knew what they were hauling…..yet were trying to make a living and took the chance…probably a deal was made, remember the money doesn’t do jail time. Fishy that Texas didn’t give a big sentence… who does this guy know in big government? a slap on the hand for this?
I “heard of” a guy that used to dump graphite byproduct down a hill for Mobil Oil, open the drum*
spill her down the hill. You know who would wear the jacket on that deal…
*usually 4 drums every month or so…
All the PACES has to do to avoid having to pay the fines (or any resulting judgments awarded to the families) is close their doors, and then reopen them under another name. No other business type (sole proprietor, partnership) has that ability to get around the law. Employees (or surviving families) harmed by a corporation have zero recourse against those responsible, unless those harmed were hired directly by a corporate officer or board member, and that individual had absolute control over the work assignments of the harmed employee. Even the CEO, despite being liable at the criminal level and facing both prison and fines, has no civil liability, unless it can be proven in court that the corporation itself was intentionally set up to defraud employees or as a criminal enterprise (from the very beginning).
Also, even if an individual harmed (or surviving family) was able to obtain a civil judgment from a human being, the humans found responsible can simply file for personal bankruptcy, which clears all debts except government fines and student loans.
Welcome to living in a country where corporations have more rights than human beings.
It times that the governments putting more laws on the companies that can’t be placed on the drivers.
I’m tired of these trucking companies weaseling through these laws and end up placing it up to the
driver. Of course the driver has the right to say something, but how many honestly do? Knowing that
they will lose their job, which means or could mean their family not eating !! Its a shame in the
name of greed that people will over look the well being of another person. The result is that it also effects the drivers family. I got out of the trucking industry and about 8 of my friends. Its the trucking companies that need a good butt kickin not the drivers. Said to say, but the government does to step in but focus more on the companies. I support all the men and women that drive semi’s as I know what you guys deal with every day.. None of you are lazy, because you can’t be if your a driver and want to make it home alive.. I hope this man is tossed in prison that knowingly caused these two people to die !! Maybe all his money that he’s saved by cutting corners will buy him a real good lawyer or the huge lawsuit thats to come.. I hat goes off to these drivers and to their families..
I agree with you and it was more than 2 driver that die . Yes i work there and i no for a fax 4 people that die about 6 more were injured me as well. And yes the owner do have more business doing the same with other people running it. So if this happen to one of you guys how would you fell then.Are one your love ones . 5 yrs and 500,000 this a joke .