/

MDOL preliminary findings include violations, fines tied to Farmington explosion

5 mins read
First responders at the scene of the Sept. 16, 2019, explosion at 313 Farmington Falls Road. A member of Farmington Fire Rescue was killed in the blast.

FARMINGTON – Preliminary findings issued by the Maine Department of Labor regarding the Sept. 16, 2019 explosion that killed a member of Farmington Fire Rescue include up to $22,000 in potential fines for the town of Farmington, relating to violations of equipment and training standards.

The MDOL enforces occupational safety and health regulations for the public sector, similar to how the U.S. Occupational Safety and Health Administration oversees private businesses. Previously, OSHA issued fines of roughly $12,000 and $4,000 to Life Enrichment Advancing People, Inc. and Techno Metal Post Maine, respectively. LEAP Inc. owned the newly-renovated office building at 313 Farmington Falls Road that was destroyed in the explosion, while Techno Metal Post Maine installed a series of bollards to protect an air conditioning unit a few days prior to the blast. Both were fined under the same provision of the general safety and health regulations relating to “frequent and regular inspections of the job sites, materials, and equipment,” according to the violations. LEAP and Techno Metal Post Maine have until April 17 to either pay or contest the fines.

According to the Bangor Daily News, MDOL’s preliminary report includes eight violations, the most serious of which were findings that firefighters didn’t utilize certain equipment at the scene, including self-contained breathing apparatuses, gloves, hoods or the straps on their helmets as well as the finding that the personnel did not have required federal training regarding hazardous materials. Six other violations were rated “serious,” including the use of uninspected and expired equipment.

Reached Friday, MDOL Communications Manager Jessica Picard noted that following an incident involving death or serious injury in a public workplace, the Bureau of Labor Standards was authorized to investigate causes and require precautions to prevent similar events. The department had six months from an incident to send a report to a town, Picard said in an email, and the town had 15 days following receipt of the report to either request a penalty discussion or formally appeal. If none is received, Picard said, the report would become a final order.

“Since MDOL’s report on the Farmington explosion is not final order yet, we cannot comment or release the document,” Picard wrote.

Town Manager Richard Davis said Thursday in an email that all required training cited in the preliminary report has been completed with the exception of the hazardous materials operation level duties annual training, which isn’t currently available but has been scheduled for later in April.

“All training will continue on an ongoing basis and will be documented as such,” Davis wrote. “I have requested a penalty discussion, and I am hopeful that the penalties can be negotiated to a lower amount.”

“I have every faith and confidence in the Farmington Fire Rescue Department’s ability to meet the Maine Department of Labor requirements and serve the citizens of Farmington in a safe, professional manner,” Davis went on to say. “I will never forget the tragedy that occurred on Sept. 16 of last year, but I will also never forget our department’s outstanding response in its aftermath.”

The Sept. 16, 2019 explosion killed Capt. Michael Bell, 68, a 30-year veteran of the Farmington Fire Rescue department and seriously injured several other firefighters and one employee of LEAP, Inc. The firefighters and the family of Capt. Bell are being represented by attorney Walter McKee of Augusta. In an email sent Thursday, McKee said that he believes that corrections to the MDOL preliminary report will be made.

“This was only the preliminary report which is usually not released,” McKee wrote. “As I understand it there are multiple corrections to the report that are being made and corrective measures that will be implemented.”

“Most importantly, none of the violations caused any of the damages these firefighters suffered when they put themselves in harm’s way,” McKee wrote.

Print Friendly, PDF & Email

12 Comments

  1. Well about time the fire department took some responsibility with this. They did things wrong too. It’s about time it’s out in the open.

  2. Most serious? Really! Gloves, hoods and chinstraps would not change the outcome of this event, maybe a oba (oxygen breathing apparatus) may have helped. Where should all this money come from to buy new equipment every time the feds say its outdated? i hope Mr Davis will get the fines alleviated.

  3. Maybe this is a wake up call not only for Farmington but other communities as well. Gas doesn’t explode without an ignition source. We most likely will never know the truth, but at least the fire department is being held accountable for their actions.

  4. Still lots of questions unanswered but the MDOL are likely not the ones asking.Hopefully we can get the fines reduced,that money can be used to update necessary equipment.

  5. Mr. Davis’s comment about the Departments ” outstanding response in it’s aftermath ” has me confused. If it weren’t for the Departments lack of protocol and negligence there would have been no aftermath. The building was cleared , CMP should have been called and power cut before any other action was taken. A life was lost because of their actions, why should the fine be lowered? Who is going to pay the millions of dollars in medical bill’s, building loss etc., and most importantly the loss of Mr Bell’s life? Not to mention the people that .lost their homes and businesses.

  6. @ Wondering; ,you echo a lot of my thoughts that I’M surprised got printed.The FFD has been lauded as doing a great job in this disaster while in fact had they not shown up it may will have been just a gas leak.The building has been cleared by Mr. Lord.Without the explosion no damage or loss of life.We don’t know the cause of the explosion only the fuel.The lawyer states that none of the violations caused any of the damage,sounds right but what did ?

  7. Interesting that you two trolls who don’t sign your names, Wondering & Taxed Enough, don’t have a lot of support here. THAT is encouraging. For either of you to suggest that the responders from the FFD somehow CAUSED this explosion is off the charts. That you do it anonymously is is further off the charts. That you have no clue as to how much propane escaped through that leak and was in that basement keeps telling the story; it was NOT a simple leak in Grandma’s kitchen! The flash point for this propane explosion seems to have escaped the experts because there are so many variables. It could be something as simple as a change in the oxygen mix in that basement because doors or windows were opened. That you think the FFD is going to tell Grandma to go sit out in the yard until CMP can get there ‘sometime’ to shut off her power before they check out the propane smell in her house is a tad ridiculous and totally unworkable. (Oh yes, then CMP have to come ‘sometime’ and turn the juice on again!! Good luck, Grandma!!) There may have been some on-paper errors that the Dept of Labor Safety made it their agenda to find; it is their JOB after all! Not a one of those ‘errors’ would have changed the sad outcome of that September morning no matter how much you want to spin it……. My brother was there; his chin strap was not secured. If there is a fine for that, I will pay it enthusiastically and happily since I still have hime and his neck didn’t get broken when his helmet blew many yards further across that parking lot than he did.

  8. This is FOIA type information, but not worthy of being published like this, fines always get reduced after explanations, what a joke always trying to stir things up, dont you think farmington has been through enough, I’ll be suprised if this gets published.

  9. It continues to amaze me that the DBD hasn’t gotten with the times and required that people use their real names when posting. It also continues to amaze me that when people DON’T use their real names they have carte blanche to write whatever they want, yet those of us who follow suit are denied the same privilege.

  10. ” Jan Clark ” what privilege are you being denied? What the heck difference does it make who says what. It is the what not the who.

  11. “John Smith”: The privilege of saying whatever I feel like, and having it be published. Those hiding behind a keyboard with anonymity seem to have whatever they say put out for all to see, but those of us who put our name out there are denied that same right. Most other online papers have done the responsible thing in requiring that those who want to comment stand behind what they say. Those who moderate the DBD are pretty choosy about who gets to say what. Also, I’m unsure of why you felt the need to put quotations around my name, that is indeed MY real name, is yours?

  12. “Puddin’ Tame” here saying it concerns me that the it would ruin the DBD comments if anonymity was discontinued.

    Feel free to only read comments from your friends if you choose. (“Self moderate” if the DBD upsets you).
    Maybe get to the bottom of “why” you feel the need to know the “who”? Honestly.

    I for one enjoy the ups and downs of the comments. I get upset too but isn’t that what REAL LIFE is like?
    Ben has blocked me before , (and I have forgiven him..).

    I applauded the DBD for the open forum.

    Oh and about the article,
    Yes the questions are tough but we’re not done.
    This tragedy involved the whole town, not just the brave responders.
    Let’s be respectful as we work thru it.

Leave a Reply

Your email address will not be published.