Omaha, Nebraska – A Nebraska railcar cleaning company and its executives have been sentenced following a 2015 explosion that claimed the lives of two workers and injured another. The incident, stemming from negligence and a deliberate cover-up of safety violations, highlights the deadly consequences of prioritizing profit over worker wellbeing and environmental regulations.
The case centers around Nebraska Railcar Cleaning Services LLC (NRCS) and its principals, Steven and Adam Braithwaite. On April 14, 2015, NRCS employees were cleaning a rail tanker car containing “natural gasoline” – a highly flammable substance – when an explosion ripped through the car. Investigators determined the tanker contained a “severe” flammability rating, and the substance also posed a benzene cancer hazard. Despite these known risks, and an initial test revealing dangerously high explosive gas levels, NRCS proceeded with the cleaning operation without proper safety measures.
Evidence presented during the investigation revealed a pattern of reckless disregard for both worker safety and environmental regulations. The company failed to test for benzene, sent employees into the tanker without adequate protection, and improperly disposed of the hazardous waste into a municipal landfill. The situation was further compounded by deliberate attempts to deceive Occupational Safety and Health Administration (OSHA) inspectors. Following initial OSHA citations, Steven Braithwaite falsely claimed the company had been testing for benzene since July 2014. He then actively blocked a follow-up inspection. Adam Braithwaite compounded the deception by submitting falsified documents to OSHA and providing false testimony under oath, claiming the purchase of safety equipment that never materialized.
Legal Ramifications
The Braithwaites’ actions violated multiple federal statutes, including Title 18 U.S. Criminal Code, the Resource Conservation and Recovery Act (RCRA), and various other federal laws. Specifically, the charges included violations of 42 U.S.C. 6928(e), 18 U.S.C. 1621, 29 U.S.C. 666(e), 42 U.S.C. 6928(d)(2)(A), 18 U.S.C. 371, and 18 U.S.C. 1519 – encompassing false statements, obstruction of justice, and improper handling of hazardous waste. The penalties reflect the severity of the offenses and the tragic loss of life.
Sentencing & Penalties
On January 14, 2022, Steven Braithwaite, the president and majority owner of NRCS, was sentenced to 30 months in prison and ordered to pay $100,000 in restitution. Adam Braithwaite, the vice president and minority owner, received a one-year and one-day prison sentence and was also ordered to pay $100,000 in restitution. NRCS itself will serve five years of probation and pay a $21,000 fine. The sentences underscore the EPA’s commitment to holding individuals and companies accountable for environmental crimes that endanger workers and the public.
Key Facts
- Date of Incident: April 14, 2015
- Location: Nebraska Railcar Cleaning Services LLC facility, Nebraska
- Victims: Two workers killed, one injured
- Hazardous Material: “Natural Gasoline” containing benzene
- Violations: RCRA violations, False Statements to OSHA, Obstruction of Justice, Worker Safety Violations
- Sentencing: Steven Braithwaite – 30 months prison, $100K restitution. Adam Braithwaite – 1 year 1 day prison, $100K restitution. NRCS – 5 years probation, $21K fine.
This case serves as a grim reminder of the critical importance of adhering to safety protocols and environmental regulations. The EPA and OSHA continue to investigate companies that cut corners on safety, ensuring that those responsible for endangering lives are brought to justice.
Source: EPA ECHO Enforcement Case Database
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