LEONARD GRAY / L’Observateur / June 21, 2000

GRAMERCY – Kaiser Aluminum lost its appeal Monday to have jurisdiction of the investigation into its Gramercy plant’s July 5 explosion which injured 29 workers.

Currently, the investigation falls under the federal Mine Safety and Health Administration. A three-judge panel for the U.S. Fifth Circuit Court ofAppeals ruled that MSHA, rather than the Occupational Safety and Health Administration, is the proper agency.

MSHA and Kaiser have battled over the explosion investigation and part of the $533,000 fine levied against the company stemmed from Kaiser’s alleged actions to delay the progress or cover up evidence.

The fine was the largest ever levied in the agency’s history, for 21 separate violations, including operating the plant beyond its limits, lack of proper worker training and unsafe working conditions.

Kaiser spokesman Scott Lamb commented, “We were disappointed by the ruling, but it does not interfere with anything we have under way. We’removing ahead.”Indeed, Lamb said the plant is hoping to get into a partial start-up of alumina ore refining during the third quarter of 2000 (July-September) and to be back in full operation early in 2001.

“We’re expecting to ramp up pretty quickly,” Lamb added, saying employees are undergoing training sessions to head off any possible recurrence of the explosion.

The accident came nine months into the ongoing labor dispute with the United Steelworkers of America, which began Sept. 30, 1998. At the timeof the explosion Kaiser had locked out 400 strikers, the company unwilling to negotiate while workers returned to the their jobs.

Strikers on picket duty, however, recognized the events which immediately preceded the blast and accurately matched the findings of MSHA’s investigators.

The labor dispute is now in its 21st month.

The appellate court also supported MSHA’s right to subpoena Kaiser employees and review internal documents prepared by the company’s Overpressure Protection Committee prior to the blast.

In addition, on June 12, Kaiser lost in district court in New Orleans in trying to prevent the union from intervening in the Gramercy citation cases. “We’re still appealing the citations,” Lamb added.David Foster, chief negotiator for the union, called on Kaiser to end the lockout and commented, “The courts are making it very clear that Kaiser needs to accept responsibility for its actions.”Another round of strike negotiations is set next week, Lamb said. “Wehave said all along we want this thing behind us,” he concluded.

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