AERT Fined In Springdale Fire Death

— A local manufacturer has been fined for violating safety regulations after a worker died last year.

The federal Occupational Safety and Health Administration fined Advanced Environmental Recycling Technologies $44,000 after its employee, Matthew Chwirka, died after a July 17 fire. The fine was reduced from $51,000 by a settlement between the agency and the company, according to a violation notice from the agency.

The company, which mixes recycled wood and plastic to make decking materials, is also known as AERT. Its plant is at 801 Jefferson St. in Springdale. It also operates facilities in Lowell and Oklahoma.

An OSHA investigation into the death showed three employees were working on the vents to equipment that mixed plastic and wood particles while it was in operation, according to the notice.

All three workers were injured when dust from the mixer caught fire, according to fire department records. Chwirka and another employee were flown to the Springfield, Mo., Mercy Burn Center, where Chwirka died the next day.

The fine covered three violations, according to an OSHA violation summary. One was for a repeat violation, coming after combustible dust leaked from the mixer into the building. The dust could cause serious physical harm or death by dust explosions or other fire hazards, according to the summary.

"The dust was piled up inches thick," said Kevin McDonald, assistant fire chief. "It was very dangerous."

OSHA investigated AERT in 2009 and 2012, said Juan Rodriguez, an agency spokesman in Dallas. The company was cited for three serious violations of safety and two "other-than-serious" violations in 2009. Two of those were removed during an appeal, he said.

Since the fatal fire, the company has started a program to keep the factory clean of the dust, McDonald said. Company officials voluntarily started a program for the fire department to inspect the factory every three months, McDonald said.

"AERT is working with us to reduce the danger of additional fires," said Fire Chief Mike Irwin.

The company is working with the fire department, OSHA and a hired consultant to reduce fire risks, said Brian Hanna, AERT chief financial officer.

"We're doing the best we humanly can to make sure our employees have a safe working environment," Hanna said.

"We will continue to invest in safety for our employees," said Tim Morrison, AERT president.

NW News on 04/10/2014

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