The Virginian-Pilot
©
OCRACOKE ISLAND, N.C.
The state Department of Labor issued 11 citations Friday and about $45,000 in penalties to a fireworks company for a July Fourth explosion here that killed four people and badly burned a fifth.
Melrose South Pyrotechnics of Catawba, S.C., was fined a total of $44,800 for nine serious violations that included allowing potential spark-producing tools where explosives were stored and allowing employees to have an ignition source near where electric matches were installed into the fireworks' fuses.
According to the listing for one serious violation - which carried a $5,600 fine - a pack of cigarettes and a butane lighter were found two feet from the rear corner of the open door of the enclosed body of the truck.
The maximum penalty possible for each serious violation is $7,000; the most Melrose was fined for any one violation was $5,600. The reasons for the lesser fines will not be made public until a final order is issued and the investigation is closed, said Neal O'Briant, a spokesman for the Labor Department.
Possible mitigating factors, he said, would be that the company has not had previous violations within the state and that it cooperated in the investigation.
Terry Holland, 51, Lisa Simmons, 42, and Charles Kirkland Jr., 49, all of Goldsboro, and Mark Curtis Hill, 21, of nearby Wayne County, died after a Ryder truck exploded at about 9 a.m. in the parking lot of the North Carolina Center for the Advancement of Teaching on the south end of the island.
Martez Holland, 27, of Goldsboro, suffered burns to his face and arms. He was quoted later in news reports as saying he had been at the rear of the truck when the explosion happened, allowing him to escape the worst of the blast.
The notices cited violations of the state Occupational Safety and Health Act, which requires an employer to provide a place of employment free from hazards that could cause death or serious physical harm. There were also violations of recognized industry safety rules.
Other violations included not providing protective equipment or required training and not evaluating potentially hazardous chemicals.
Melrose has 15 working days, not including holidays or weekends, to respond to the notices, O'Briant said. The company has the options of admitting the violations and paying the penalty, requesting an informal conference or contesting the violations.
Melrose did not return a call on Friday seeking comment.
Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com

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Fireworks Fine
Wow...$45,000.00. Yeah, this will really scare these companies (wink, wink, nudge) What a joke for 9 serious violations.
Drug Addicts Kill Not Only Themselves.
I am not surprised that a cigarette smoker may have been involved in this tragedy. How many people have been killed not only by Cancer and other diseases caused by smoking, but by burning buildings, explosions, and other incidents caused by people who are ADDICTED to nicotine.
valid point
that is a very valid point jackoman. seems to me one would know not to smoke around explosives. how much was untrained workers and bad judgement?
This was an unfortunate
This was an unfortunate accident, which MAY have been caused by untrained worker(s). Let the process work. Litigation heals no wounds, only wallets.
manslaughteter!!!!!
Why isn't the company being charged for manslaughter for negligence?????
Why no charges?
Because the company employee in charge of the Ocracoke fireworks was killed in the explosion. It was his responsibility to ensure their safety.