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Bayer's Silence on Fatal Factory Explosion Gets National Attention

By Jim Edwards | Mar 31, 2009

Bayer’s refusal to explain publicly why its Institute, W. Va., chemical plant exploded last August has finally made the Big Media. The NYT summarized the issue over the weekend.
BNET noted the matter back on Feb. 25.

Back story: After a fire (pictured) ripped through Bayer’s cropscience plant killing two people and forcing residents in seven towns to “shelter in place,” Bayer cited an obscure maritime law that the company said allowed it it to avoid having to explain in public to the Chemical Safety and Hazard Investigation Board how the fire occured. The law can be used to prevent terrorists from taking advantage of the information.

Among the unanswered questions are why one of the dead bodies contained a toxic level of cyanide in his blood and why Bayer was storing 200,000 pounds of methyl isocyanate at the site. (In the Union Carbide Bhopal disaster of 1984, less than 90,000 pounds leaked.)

A hearing is scheduled for April 23 which Bayer said it will attend. The Sunday Gazette Mail:

…the board is going to go ahead with the meeting, but will run its report by the Coast Guard first to ensure that any confidential information is protected.

Note in the Times story that Rep. Bart Stupak has also become concerned with Bayer’s lack of disclosure:

We are concerned about the way that Bayer may be misusing terrorism laws to suppress information related to the incident.

Helping Bayer is the Coast Guard, which has jurisdiction over the site of the plant, and believes it may “only be prudent” not to tell anyone anything about what happened.

If Bayer and the Coast Guard get their way, it will set up an interesting precedent: If you terrorize your neighbors by setting off a massive fire on your property, you can refuse to explain how that happened by claiming you might be the next target of terrorism.

Image by CBGNetwork.org.

Jim Edwards, a former managing editor of Adweek, has covered drug marketing at Brandweek for four years, and is a former Knight-Bagehot fellow at Columbia University's business and journalism schools. Follow him on Twitter or send him an email.

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    Tony Migliorini

    04/09/09 | Report as spam

    RE: Bayer's Silence on Fatal Factory Explosion Gets National Attention

    The U. S. Chemical Safety and Hazard Evaluation Board (CSB) is investigating this incident and has scheduled a public meeting for April 23, 2009. CSB has full access to sensitive security information (SSI) material as their employees are covered persons with a need to know under the SSI regulations found in 49 CFR Part 1520. CSB has been receiving all requested material directly from Bayer CropScience, including material designated as SSI. The Coast Guard has not directed or been involved in deciding what Bayer CropScience should or should not share with CSB.

    In preparation for the April 23 public meeting, CSB contacted the Coast Guard and asked for assistance regarding SSI in the context of a facility regulated under the Maritime Transportation Security Act, which we provided. As a follow on CSB requested the Coast Guard review a draft presentation to determine if we believed it contained any SSI material. We carefully reviewed the presentation for potential SSI and quickly resolved our concerns without impacting the independent investigatory authority of CSB or the information they wished to present to the public.

    The Coast Guard fully intends to continue working cooperatively with CSB during their investigation in an effort to help resolve any SSI issue which may arise.

    LT Tony Migliorini
    U.S. Coast Guard
    Public Affairs


    This is an official United States Coast Guard posting for the publics information. Our posting does not endorse this site or anything on it, including links to other sites, and we disclaim responsibility and liability for the site and its content.

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