Valero Cited In Death Of Worker At Benicia Refinery: Cal/OSHA

BENICIA, CA — The California Division of Occupational Safety and Health's Process Safety Management Unit has cited the Benicia Valero refinery and three of its contractors in connection with the November 2021 death of a worker at the refinery, the state agency announced Thursday.

Shortly before midnight Nov. 12, 2021, Luis Gutierrez, 35, lost consciousness and suffocated after he descended into a regenerator overflow well to evaluate the condition of the well's interior and perform cleaning in preparation for a welding crew.

Gutierrez was found inside the regenerator, suspended by fall protection equipment. A refinery emergency rescue team retrieved him. Benicia Fire Department and Valero Refinery Fire Department performed medical treatment onsite but were unable to resuscitate him.

Inspectors determined that a welding torch was left in the well that was leaking argon, an odorless gas that displaced oxygen inside the confined space.

"Cal/OSHA inspectors cited three of the four employers with willful and serious violations after determining that they failed to follow confined space guidelines, including the failure to determine acceptable entry conditions for the employee, which resulted in exposure to an oxygen-deficient atmosphere," officials with the state agency said Thursday in a news release.

A total of $1.75 million in fines were proposed in the death. Valero was cited for both "willful and serious" and "serious" violations that come with a proposed penalty of $528,750, according to Cal/OSHA. The oil giant, which reported earnings of $114 billion in 2021, was cited four times for either knowingly violating the law or not taking reasonable steps to address a known hazard.

Valero was cited for failing to follow confined space guidelines and failing to determine acceptable entry conditions for Gutierrez, which exposed him to the oxygen-deficient atmosphere.

In addition to the oil giant, three contractors were cited, two of which were for "willful" violations.

Total Safety, a special trade contractor out of Houston, with the motto "When Safety Matters, We're Ready," according to its website, was given six "willful" violations, seven "serious" violations," and four "general" violations, with a recommended penalty of $988,000.

JT Thrope & Son Inc., a masonry contractor out of Richmond, was cited for one "willful serious" violation, one "serious" violation, and four regulatory violations, with a recommended fine of $135,500.

Building contractor T.R.S.C. Inc. racked up eight serious violations, three general violations, and five regulatory violations, with proposed penalties of $101,125.

Cal/OSHA says the correct thing to do when placing workers in confined situations is to identify and label them as such, establish and maintain onsite emergency response plans and provide training for workers and supervisors.

"Working in confined spaces is extremely dangerous, as is working with argon," said Cal/OSHA Chief Jeff Killip. "The employers involved had a responsibility to keep their workers safe. The first step to preventing a completely avoidable fatality is to identify hazards before a worker enters a confined space."

Patch reached out Friday morning to Valero for comment; this story will be updated should we hear back.

Bay City News Service contributed to this report.