Imperal Sugar: Whistleblower changed story in OSHA deposition

Tags: workplace safety
Almost a year after making numerous accusations about Imperial Sugar Company, former vice president of operations Graham H. Graham provided a very different account in sworn testimony given in depositions that occurred in April and July of 2009 in connection with citations issued by OSHA. This most recent testimony is notable in its striking dissimilarity to Graham’s prior statements regarding his warnings (or lack thereof) to management, the condition of the Port Wentworth facility prior to the explosion, and even his own knowledge of the properties of combustible dust.

Specifically:

In addition to the inconsistencies in Mr. Graham’s statements, some of his statements lack supporting evidence and are directly contrary to the evidence of record. Specifically,

Finally, in his recent testimony, Mr. Graham concedes that in the days and weeks leading up to OSHA’s inspection of Imperial’s Gramercy facility, he was specifically dispatched to ensure the safety of Gramercy,[15] he was never denied resources to do so,[16] and was reporting back positive results.[17]

Imperial will continue to actively communicate with our employees, the communities in which we operate, and our other stakeholders through channels that offer us an opportunity to do so in a fair and balanced manner.

"Imperial is defending itself in the court of law,” said Steven Behm, a spokesman for Imperial Sugar. “Similarly, if allegations are brought forward in the court of public opinion, they should be based in fact. Imperial values its relationships with its employees, its partners and the communities in which it operates and believe they should have access to the facts."

[1] Graham H. Graham Senate Testimony taken July 29, 2008 pp. 49-50.

[2] Graham H. Graham Testimony taken April 30, 2009, pp. 211:15-212:2, 102:1-14, 127:12-129:16, 131:5-23, 188:23-189:3, 223:2-20, 225:6-14.

[3] Graham H. Graham Testimony taken April 30, 2009 pp. 219:14-19.

[4] Graham H. Graham Testimony taken April 30, 2009 pp. 212-220 (Port Wentworth) and July 11, 2009 (vol. III) pp. 105-107 (Gramercy).

[5] Graham H. Graham Sworn Statement to OSHA taken June 11, 2008 pp. 59:1-59:9, 61:4-63:14; Graham H. Graham Senate Testimony taken July 29, 2008 pp. 50-51.

[6] Graham H. Graham Testimony taken April 30, 2009 pp. 56:13-24 (NFPA 61); 57:4-57:11 (NFPA 654); 57:12-14 (NFPA 499); 60:24 -- 61:5 (OSHA NEP); 61:9 – 61:18 (2006 CSB Study).

[7] Graham H. Graham Testimony taken July 10, 2009 (vol. II) p. 41:19-23.

[8] Graham H. Graham Sworn Statement to OSHA taken June 11, 2008 pp. 36-38).

[9] Graham H. Graham Testimony taken April 30, 2009, pp. 91:16 – 92:9, 129:20 – 131:4, 220:5 – 220:23.

[10] Graham H. Graham Testimony taken July 9, 2009 (vol. I) p. 47:13-23.

[11] Graham H. Graham Senate Testimony taken July 29, 2008, pp. 46.

[12] Graham H. Graham Testimony taken April 30, 2009, p. 172-173.

[13] Graham H. Graham Testimony taken April 30, 2009 pp. 172-175.

[14] Graham H. Graham Testimony taken April 30, 2009 p. 86:3-9.

[15] Graham H. Graham Testimony taken July 9, 2009 (vol. I) p. 37:20-24.

[16] Graham H. Graham Testimony taken July 9, 2009 (vol. I) p. 55:13-14.

[17] Graham H. Graham Testimony taken July 9, 2009 (vol. I) pp. 24:25 - 25:5; March 23 email from Graham to John Sheptor.