Airgas Doral, Hazmat Transportation Violations, Florida 2024

A hard-hitting verdict has been handed down in the Southern District of Florida. Airgas Doral, Inc. has pleaded guilty to fourteen counts of violating the Hazardous Materials Transportation Act and Special Permit 11186.

According to court records, Airgas Doral, a Delaware corporation and wholly owned subsidiary of Airgas, Inc., willfully and recklessly transported refrigerated liquefied gas in intermodal portable tanks between March 12, 2008, and May 14, 2008. The company failed to comply with Hazardous Materials Regulations and Special Permit 11186 requirements, including recording the applicability of the permit on shipping papers and providing carriers with a copy of the permit.

Airgas Doral also failed to conduct physical inspections of the tanks, take and record required readings of the tanks’ pressure and ambient temperature, and compute travel time. Furthermore, the company failed to provide required function-specific training to its hazmat employees and managers.

The violations came to light on May 14, 2008, when the means of containment of an intermodal portable tank failed, releasing argon gas in the hold of a vessel at Port Everglades. Three stevedores who entered the vessel’s hold were asphyxiated and died as a result of their exposure to argon gas in the confined space.

Under the terms of the plea agreement, Airgas Doral and the government have agreed to recommend a $7,000,000 fine, with $500,000 per count of conviction. The company will also be subject to a two-year term of probation, guaranteed by its corporate parent and 100% owner, Airgas, Inc.

"The safe transport of hazardous materials is of paramount importance," stated U.S. Attorney Wifredo Ferrer. "Working as partners, the U.S. Attorney’s Office and the Department of Transportation are committed to the prosecution of individuals and corporations that willfully and recklessly violate the hazardous materials laws, regulations, and permits which are in effect to protect the nation and our community from potential harm."

Marlies T. Gonzalez, DOT-OIG regional Special Agent-in-Charge, added, "The guilty plea entered into today by Airgas Doral, resulting from the company’s violation of hazmat laws, regulations, and a special permit demonstrates that ensuring the safety of the Nation’s transportation systems remains a high priority for both the Office of Inspector General (OIG) and the Department of Transportation (DOT)."

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