The collapse of the Pontiki/Excel coal preparation plant last fall in Martin County, which resulted in the deaths of Alvin Nees and Billy Joe “Bo” Daniels, was a catastrophic consequence of negligence, flagrant disregard for safety regulations and the lack of moral and legal responsibilities.
A litany of failures
As a report by Kentucky Lantern uncovered earlier this week, the Kentucky Education and Labor Cabinet’s investigation revealed multiple safety violations that directly contributed to this tragedy. Among the most egregious lapses were the absence of an engineering survey and plan before demolition, the failure to brace corroded load-bearing steel columns, the lack of first aid-certified personnel on-site, and the failure to inform Nees and Daniels of the hazardous conditions involved with the demolition.
Overall, there was a systemic failure to ensure the safety of the workers involved.
The primary contractor, Skeens Enterprises of Pikeville, was fined a mere $31,500 for these violations—a paltry sum for two human lives in the face of corporate negligence.
A chain of responsibility
The responsibility for this tragedy extends beyond Skeens Enterprises. Lexington Coal Company, which holds the state permit for reclaiming the site, contracted Skeens Enterprises without adequate oversight. Lexington Coal Company’s failure to ensure that proper subcontracting protocols were followed is a glaring oversight.
The history of environmental compliance issues associated with Lexington Coal Company and its leadership only deepens concerns regarding its operational standards and ethical practices.
David Peyton’s McLean County-based company Ace Welding and Fabrication, the subcontractor who initially raised concerns about the plant’s condition, chose to continue providing equipment and training despite his reservations. His actions inadvertently contributed to the conditions that led to the collapse.
A question of accountability
The lack of accountability is stark. Stanley Skeens, CEO of Skeens Enterprises, did not adequately address the safety concerns raised by Peyton and proceeded with the demolition without essential safety measures. His failure to ensure that Daniels and Nees were properly informed about the hazardous conditions is inexcusable. The fact that Skeens had an expired first aid certification further exemplifies the disregard for worker safety.
Furthermore, the involvement of multiple subcontractors without the knowledge or oversight of Lexington Coal Company raises serious questions about the transparency and management of the project. The state’s decision not to issue citations to Lexington Coal Company, despite these lapses, is puzzling and warrants further scrutiny.
Preventable losses
The deaths of Nees and Daniels were not inevitable; they were the result of preventable mistakes and a blatant disregard for safety protocols. The “serious risk to the structural integrity of the building” identified by the federal engineering report was ignored in favor of expedience and cost-cutting measures. The resulting “inadequate demolition procedures” led to a “premature and catastrophic collapse” that cost two men their lives.
A call for reform
This tragedy should serve as a wake-up call for stringent enforcement of safety regulations and more substantial penalties for violations. Companies engaged in hazardous operations must be held to the highest standards, and any deviation from these standards should result in severe consequences.
State and federal authorities must reevaluate their oversight mechanisms and ensure that companies like Lexington Coal and Skeens Enterprises are held fully accountable for their actions. The fine imposed is insufficient to deter future negligence.
In memory
Alvin Nees and Billy Joe “Bo” Daniels were remembered as great individuals, devoted fathers, and cherished members of their communities. Their untimely deaths are the human cost of negligence. As we remember their lives, we must also commit to preventing such tragedies in the future. Worker safety should never be compromised, and those responsible for ensuring it must be held to the highest standards of accountability.
The Pontiki/Excel plant collapse is a call to action for all stakeholders to prioritize human life above all else.