Kenneth Sandel, Criminal Negligence, Texas 2014

HOUSTON – In a shocking turn of events, E. I. du Pont de Nemours and Company Inc. (DuPont) pleaded guilty and was sentenced for criminal negligence in connection with a 2014 accident that left four company employees dead, announced U.S. Attorney Alamdar S. Hamdani.

The devastating incident occurred on November 15, 2014, when DuPont released approximately 24,000 pounds of a highly toxic, flammable gas called methyl mercaptan (MeSH) into the air. The chemical release not only claimed the lives of four employees but also injured others and travelled downwind into the surrounding areas.

As part of its operations, the DuPont facility in La Porte produces pesticides called Lannate and Vydate among other products. The release of the MeSH resulted in the introduction of the pesticides into the air, which travelled downwind into the city of Deer Park and beyond.

According to the investigation, the fatal accident occurred after an employee inadvertently left open a piping valve, causing a slushy material to block the flow of liquid MeSH into the Lannate process. To melt it, DuPont day shift employees began applying hot water to the outside of the blocked piping and opened other valves to vent MeSH gas into a waste gas system. However, the MeSH piping was still blocked at the end of the day.

The court found that Kenneth Sandel, 52, Friendswood, unit operations leader of the Insecticide Business Unit (IBU) where the accident occurred, failed to provide sufficient instructions to the oncoming shift for how to safely clear the remaining blockage. Sandel, along with DuPont, pleaded guilty to the charges.

U.S. District Judge Lee H. Rosenthal ordered DuPont to pay a $12 million penalty, a significant blow to the company. The company must also serve two years of probation during which time the company must give the U.S. Probation Office full access to all of its operating locations. Judge Rosenthal also ordered Sandel to serve one year of probation.

In addition to the financial penalty, DuPont will also make a $4 million community service payment to the National Fish and Wildlife Foundation to address the harm caused by funding projects that benefit air quality in and around areas adjacent to the western shores of Galveston Bay. As a result of this case and other related civil cases tied to the explosion, DuPont will have paid a total of $19.26 million for its unlawful conduct.

Related Federal Cases