"Although Atlas was cited, it is important to note that the L&I investigation is quite limited in its scope and it does not address the responsibilities of others involved in this incident," said Duane Britschgi, president of Atlas Castings & Technology. "It is equally important that none of the issues for which we were cited caused the fire or explosion that injured the delivery truck driver, Charles McDonald."

In fact, the investigation by the Department of Labor & Industries focused only on Atlas Castings and its employees. Because McDonald was an independent contractor and not an employee of IXL Transportation Services, the owner of the tanker truck that was used to deliver the liquid propane gas which Atlas had purchased, L&I did not have jurisdiction to investigate their responsibilities related to this incident.

Atlas contends that McDonald knowingly violated federal regulations when he failed to immediately "red tag" the propane delivery hose system. Red tagging is done to alert users to necessary repairs that must be completed by appropriately trained and licensed technicians. Instead, McDonald violated the clear directive in the regulations when he urged and directed Atlas employees to assist him with attempted repairs to the damaged hose coupling. He, again, knowingly violated federal regulations when he personally connected the repaired hose to the tanker trailer before federally required pressure testing could be completed to ensure its safety. McDonald was the only party involved in the incident that was trained and licensed to use the equipment.

"Our hearts go out to the family of Charles McDonald for the terrible loss they have suffered," Britschgi adds. "Yet, it remains clear that had McDonald followed federal regulations and red tagged the system on his initial inspection, this terrible tragedy would have never occurred."

Forensic testing conducted by Atlas consultants also demonstrates that federally mandated safety devices on the liquid propane delivery valve, manufactured by Engineered Controls International Inc., on the tanker truck failed to operate and close the valve, causing the massive release of liquid propane gas that led to the fire and explosion. It is also believed that alterations to the delivery valve and safety devices by a company known as Pro-Techs Inc. were at least partly responsible for the failure of the valve to close. Additionally, IXL Transportation Services, which owned the delivery tanker trailer involved in the incident, is responsible for ensuring that its trailers are properly inspected, maintained and equipped and that all safety equipment operates correctly. L&I have referred these significant issues to the Federal Department of Transportation, which does have jurisdiction to investigate them further.

The citations include one related to Atlas' responsibilities to train the two employees involved in the incident on the repair and maintenance of the propane system, which was not part of their duties nor would they have attempted the repair without the urging and direction of Charles McDonald. A second citation is for using hose couplings that, in the opinion of L&I, would not withstand the minimum pressure required. However, L&I did not conduct performance testing to validate its opinion and the use of the hose couplings was the responsibility of Mr. McDonald and not the Atlas employees. A third citation was for not testing the hose used by McDonald after the attempted repairs, but the Atlas employees did not place the hose into use before the tests could occur as that was McDonald's duty. A fourth citation was for not having a backflow prevention device closer to the place where the delivery hose was connected. The evidence, however, shows that the system did have a backflow device in place. The backflow device was installed along with the original system in the early 1950s, at which time it was in full compliance with the then current codes and no upgrades have since been required. All of the alleged violations have already been abated because the propane system was dismantled and removed and it will not be replaced.

Because of the excessive damages to property and equipment owned by Atlas Castings and those of its neighboring businesses, the company also announced that it has filed a countersuit against the estate of Charles McDonald and claims against IXL Transportation Services, Pro-Techs Inc. and Engineered Controls International Inc., all of whom the company believes bear the responsibility for the incident.

About Atlas Castings & Technology

Atlas Castings & Technology is a business unit of AmeriCast Technologies Inc., a world leader in the design, manufacture and supply of highly engineered complex steel castings, machined components and assemblies. AmeriCast casts large and difficult-to-manufacture parts and is a critical supplier to Fortune 50 manufacturers in the locomotive, mass transit, mining, construction, energy, Naval and heavy-duty truck industries. With locations in Tacoma and Chehalis, Wash., Atlas Castings is one of the premier steel foundries in North America producing high integrity steel castings for customers around the world.