Introduction: During the shipyard repair of a towboat, gas in a forward hold ignited and exploded, resulting in multiple fatalities and injuries. We identified the responsibilities for the incident on this multi-employer worksite by reviewing the applicable OSHA Shipyard Industry Standards and the shipyard procedures for ensuring the spaces on the vessel remained safe. Our opinions were presented in an expert report and in deposition testimony.

A series of unfortunate events unfolded when an inland river towboat was struck by barges pushed by another towboat, causing it to sink to the bottom of the river. After being salvaged, the vessel was transported upstream to a shipyard for repair. This marked the beginning of a significant rebuilding effort to restore the towboat to a nearly new, serviceable condition.

About one year into the restoration project, there were several work fronts. Work crews were fabricating fitments on the deck, painting in a center hold tank, welding in the engine room, and working in the forward hold. Some workers detected the odor of gas but were unable to determine its source, so they established forced ventilation and continued with their welding and cutting. An explosion suddenly occurred, resulting in multiple casualties and fatalities.

In the aftermath of the incident, the victims and their families filed claims against the defendant companies, each believing they were responsible for their losses. In a twist, the defendants also cross-claimed against each other, further complicating the legal landscape.

Baker & O’Brien was retained to evaluate the incident independently, considering applicable regulations and industry standards, as well as the site responsibilities of the host employer and its subcontractors. We reviewed the OSHA Shipyard Industry Standards, 29 Code of Federal Regulations (CFR) Part 1915, applicable in this matter. We identified the requirements for a Marine Chemist to certify an area safe for hot work and the regulatory responsibilities to ensure the spaces and areas onboard the vessel remained safe. We also reviewed the contractor and shipyard procedures for providing a shipyard competent person responsible for inspecting and testing spaces before entry or hot work.

We presented our comprehensive opinions in an expert report and through deposition testimony. The parties reached a settlement before the scheduled trial.