This does not guarantee that criminal case will be filed. Criminal charges in most workplace deaths are rare. Many safety advocates contend that charges may avoid future deaths. William Kauffman, a retired University of Michigan professor and aerospace engineer who has investigated grain elevator explosions for OSHA states “Criminal charges in these cases do change behavior.”
Although Kansas is one of the leading states in grain elevator deaths, federal officials are not aware of such charges being brought before. A statement released by the company reads “Bartlett Grain has done everything in its power to learn the truth about this accident and we look forward to proving that the OSHA allegations are untrue and unfounded.” According to research at Kansas State University, Kansas ranks third in the nation in grain dust explosions, with 64 since 1958. Grain dust can be six times as explosive as black powder, often being ignited by overheated motors, misaligned conveyor belts, sparks or overheated bearings. In 1987 OSHA revamped its regulations by reducing the amount of explosive grain dust in the elevators and by eliminating ignition points.
OSHA can refer a matter to the local U.S. attorney for criminal prosecution, but the final decision to prosecute is up to U.S. attorney. If federal prosecutors decide to take a criminal case and prove an employer “willfully” violated a safety standard that resulted in a worker’s death, the company can be fined up to $500,000. The top company officials can also be sentenced up to six months in prison as a federal misdemeanor.
For more information click the links below.
To read the full article with video "Charges Considered In Grain Elevator Blast"
Combustible dust testing information "Understanding Your Dust"
OSHA "Prevention of Future Elevator Explosions"