Cal/OSHA fines company $221,000 for violations related to deadly Esparto explosion

California workplace safety officials have levied heavy fines against a pyrotechnics company at the heart of a deadly July 1 explosion in the Yolo County town of Esparto.

The state’s Division of Occupational Safety and Health (Cal/OSHA) issued 15 citations to San Francisco-based Devastating Pyrotechnics and its successors, totaling $221,000. The citations and penalties were issued Dec. 1.

Cal/OSHA spokesperson Denisse Gómez said three citations are classified as being related to the explosion itself. These violations include:

• The employer’s failure to establish, implement, and maintain an effective Injury and Illness Prevention Program (IIPP).
• Failure to train employees on what to do in an emergency, such as how to safely evacuate during a fire or explosion.
• Failure to train workers on the fire hazards associated with the materials they were handling, including handling and storing pyrotechnic and explosive materials.

As a result of these violations, the division said a fire ignited in a warehouse used by Devastating Pyrotechnics along Country Road 86 in Esparto, which caused multiple explosions and instantly killed seven people. Two others were injured, and the incident also started a small wildfire.

Cal/OSHA also cited Devastating Pyrotechnics for failing to immediately report the seven fatalities to the division. Additional citations ranged from failing to provide enough fire extinguisher training to allowing employees to ride on a pallet placed on a forklift.

In its report, Cal/OSHA officials noted the company refused to cooperate fully in the investigation, and the division “reserves the right to issue future citations based on evidence or documentation you have refused to provide.” 

“Our hearts go out to the workers, families, and entire Esparto community,” Gómez wrote in an email. “No one should ever have to fear for their safety when they go to work, and no family should have to endure the pain of losing a loved one to a preventable tragedy.”

Cal/OSHA says Devastating Pyrotechnics must pay or appeal the fines within 15 days of receiving the citations.

Fireworks stored in an agricultural warehouse

In August California fire officials revoked the pyrotechnic licences for two company owners that operated out of the Esparto facility.

Cal Fire’s Office of the State Fire Marshal said Devastating Pyrotechnics owner and CEO Kenneth Chee and Blackstar Fireworks owner Craig Cutright “had violated California’s fireworks laws and regulations.” These included not filing proper importation documents with state officials, not reporting lost fireworks, and possessing fireworks without a local fire permit.

The San Francisco Chronicle reported Chee had previously been denied a license from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives following a criminal conviction in the 1990s. This made him ineligible to receive or possess explosive materials or be issued a federal explosives license or permit.

Cutright is a volunteer member of the Esparto Fire Protection District, and was placed on leave after the explosion. 

Yolo County supervisors also acknowledged in August county staff had been aware for years of fireworks being stored in the Esparto warehouse, despite the building being permitted for agricultural storage. 

The property where the facility was located is owned by Sam Machado, a lieutenant in the Yolo County Sheriff’s Office and his wife Tammy, also a department employee. The Machados were also placed on leave after the incident.

Building division staff were informed in mid-2022 of “possible fireworks storage” at the property, and a review included the following:

• Display-grade fireworks were reportedly stored in shipping containers licensed by ATF.
• The property owner representative told county staff “safe and sane” fireworks were stored on the property “from time-to-time” in approximately 25 shipping containers. They also said fireworks were occasionally processed and repackaged “in accordance with ATF regulations.” 
• Visiting staff did not observe any fireworks or other hazardous materials. The county said the property owner and a contractor told them the new warehouse would only be used for agricultural purposes.

The county said the division reported these findings to leadership and County Code Enforcement but that no further enforcement occurred. Staff did not return to the Esparto site or take additional fireworks-related actions at the property after 2022, and county departments did not receive reports about the storage or handling of display-grade fireworks at the facility. 

The county’s release did point to Google Earth images and media reports suggesting the storage and handling of display-grade fireworks “increased greatly after mid-2022.”

Investigations into the explosion by the State Fire Marshal’s Office, ATF and other agencies are ongoing.