Tennessee Safety Agency Cites Military Flare Maker Over Fire

March 21, 2011

Tennessee occupational safety officials have cited a military flare manufacturer with 14 violations and proposed fines of $348,000 in response to a fire last year that severely burned three workers.

The Tennessee Division of Occupational Safety and Health has yet to release the findings of its investigation into the cause of the Sept. 14 explosion and fire at the Kilgore Flares plant in Toone, about 25 miles southeast of Jackson.

But last week the division said Kilgore Flares has been cited for 14 safety violations under the headings “serious” and “willful,” The Jackson Sun reported. Kilgore received four willful violations, each carrying a $70,000 fine, and 10 serious violations for different amounts that totaled $68,000.

Serious violations are defined as ones where there is a substantial probability that death or serious injury could result and the employer knew or should have known about the hazards. Willful violations are those committed with intentional disregard or indifference to the Occupational Safety and Health Act.

Willful violations cited by the state include a failure to identify and address the control of five hazards involved in the manufacturing process, and a failure to develop or implement written operating procedures.

The state also cited the company for serious violations that included a failure to train each employee before working on a new process and a lack of documentation that “detailed the consequences of exceeding the maximum allowable quantities of ignition coating stored.”

The company issued a statement saying it is reviewing the citations, and it will defend itself against any violations it believes are not well founded. Kilgore’s owner, Chemring Group, purchased the plant in 2001 and spent millions of dollars to improve safety, the statement said.

Under Chemring’s ownership, there had not been any serious incidents at the plant until the September explosion, the statement said.

Kilgore has 20 days from the day they receive the notice of fines to appeal the entire assessment, which could be reduced, said Jeff Hentschel, spokesman for the division.

The explosion occurred in a flare assembly building. Three employees were burned on 20 percent to 80 percent of their bodies during the fire that followed the explosion.

Two of the employees worked as flare assemblers. They would dip the solid center of the flare in a liquid mixture of magnesium and Teflon designed to make it burn properly.

The mixture is highly flammable and can be ignited through a static electric charge.