Far West Water & Sewer Inc.

Description

Gamble and Lanser died from acute hydrogen sulfide gas poisoning while working in an underground sewage tank. They lost consciousness because of the exposure and drowned in the sewage. Connie Charles directed Gamble to enter the tank and unplug the gravity line once it filled up halfway with sewage because she was concerned the lift station was overflowing. Garrett attempted to rescue Gamble from the tank, tying a rope around his waist and having another person, Andrew, hold it while he climbed inside using a ladder. He could not get Gamble out and instead he passed out while trying to exit the tank. Garrett suffered severe injuries, including life-threatening respiratory distress syndrome, aspiration pneumonia, and injuries to his lungs and eyes. Lanser then climbed into the tank to rescue Gamble and Garrett and he too passed out, falling into the tank. Charles was informed of the incident and entered the tank to rescue the others, and she too passed out, but eventually regained consciousness. Far West lacked critical safety equipment required for permit-required confined space entry; did not use or require air monitoring or blower equipment; lacked coordination and planning with Santec; made no attempt to identify rescue services; and lacked rescue equipment; never executed a permit for entry into confined space and had no written permit space program; and did not provide employees with training about the hazards and how to safely enter tanks. Approximately six months before the incident, an OSHA consultant and expert told Weidman and Noll that far West had to implement permit space procedures and training and specified the necessary safety equipment it was required to obtain, but Far West did not do any of it.

Prosecutors:
Assistant Attorney General Christina Fitzpatrick; Assistant Attorney General Mark Horlings
Incident Type: Chemical Exposure
County: Yuma
State: AZ
Date: Oct. 24, 2001
Additional Materials
Folder for Far West Water & Sewer Inc. materials
Available Case Materials Include:
Case/Court Decisions Media Clips & Gov't. Press
OSHA inspection detail OSHA inspection detail
Contact for Additional Information:
Unavailable
Victims
First Last Age Title Employer Injury Type
Gary Lanser Unavailable Unavailable Santec Fatality
Nathan Garrett Unavailable Unavailable Far West Injury
James Gamble Unavailable Unavailable Far West Water & Sewer Fatality
Defendants
Name Type Title Plea Info. Conviction Sentence
Far West Water & Sewer Entity Entity Unavailable Jury found guilty of negligent homicide (as to Gamble); aggravated assault (as to Garrett), 2 counts endangerment (as to Gamble and Garrett), and 1 count of violating a safety standard or regultion that caused death of an employee (as to Gamble). Court suspended sentences and placed entity on 4 years probation for negligent homicide, 5 years probation for aggravated assault, and 3 years probation for each count of endangerment and violation a standard or regulation that caused death of an employee. Court also imposed fines of $1.77 million, required company to implement certain health and safety programs, and pay restitution of $156,425. Convictions and sentences upheld on appeal.
Crimes Charged: Penal Crimes: Manslaughter; Aggravated Assault; Endangerment
Other Crimes: Labor Code violation causing death to an employee (A.R.S. Sec. 23-418)
Brent Weidman Individual President, Far West Water & Sewer Unavailable 7 years supervised probation; 840 hours community service performed in Yuma teaching safety training classes for ADOSH; $50,000 fine
Crimes Charged: Penal Crimes: Manslaughter; Aggravated Assault; Endangerment
Other Crimes: Labor Code violation causing death to an employee (A.R.S. Sec. 23-418)
Connie Charles Individual Foreman Pleaded guilty to 2 felony counts of endangerment (as to Gamble and Garrett) 1 year terms of probation to be served concurrently
Crimes Charged: Penal Crimes: Manslaughter; Aggravated Assault; Endangerment
Other Crimes: Labor Code violation causing death to an employee (A.R.S. Sec. 23-418)
Santec Entity Subcontractor Entity Pleaded guilty to 1 count of violating a safety standard or regulation that caused death of employee (as to Lanser) 2 years probation, including implementing certain safety programs; $30,000 fine.
Crimes Charged: Penal Crimes: Manslaughter; Aggravated Assault; Endangerment
Other Crimes: Labor Code violation causing death to an employee (A.R.S. Sec. 23-418)