Vessels monitor a oil burn in the area of the Deepwater Horizon disaster on the Gulf of Mexico, Tuesday, July 13, 2010. BP officials have placed a containment cap over the leak in hopes that the flow of oil will be diminished. (AP Photo/Dave Martin)
President Barack Obama makes a statement after being briefed on the BP oil spill relief efforts in the Gulf Coast region, Friday, June 4, 2010, at Louis Armstrong International New Orleans Airport in Kenner, La. (AP Photo/Charles Dharapak)
Protesters gather outside of the BP offices in San Francisco on Wednesday, May 12, 2010 to demonstrate against the Gulf oil rig disaster. (AP Photo/Marcio Jose Sanchez)
This image from video provided by BP PLC early Sunday morning, June 13, 2010 shows oil continuing to pour out at the site of the Deepwater Horizon oil well in the Gulf of Mexico. The Coast Guard has demanded that BP step up its efforts to contain the oil gushing into the Gulf of Mexico by the end of the weekend, telling the British oil giant that its slow pace in stopping the spill is becoming increasingly alarming as the disaster fouled the coastline in ugly new ways Saturday. (AP Photo/BP PLC) NO SALES
This image from video provided by BP PLC early Sunday morning, June 20, 2010 shows oil continuing to gush millions of gallons a day, from the broken wellhead, at the site of the Deepwater Horizon oil well in the Gulf of Mexico. (AP Photo/BP PLC) NO SALES
GULF SHORES, AL - JUNE 08: Workers pick up oil patches and tar that washed up on the beach at Bon Secour National Wildlife Refuge from the Deepwater Horizon oil spill in the Gulf of Mexico on June 8, 2010 in Gulf Shores, Alabama. Early reports indicate that BP's latest plan to stem the flow of oil from the site of the Deepwater Horizon incident may be having some success. (Photo by Joe Raedle/Getty Images)
Oil floats in the Gulf of Mexico near Orange Beach, Alabama, U.S., on Friday, June 18, 2010. The BP Plc oil spill, which began when the leased Transocean Deepwater Horizon oil rig exploded on April 20, is gushing as much as 60,000 barrels of oil a day into the Gulf of Mexico, the government said. Photographer: Kari Goodnough/Bloomberg
Oil cleanup workers hired by BP pick up oil on the beach in Gulf Shores, Ala., Friday, July 2, 2010. Oil from the Deepwater Horizon incident is expected to come ashore over the July 4th weekend. (AP Photo/Dave Martin)
In this image taken from video provided by BP PLC at 18:17 CDT, a new containment cap, top, is lowered over the broken wellhead at the site of the Deepwater Horizon oil spill in the Gulf of Mexico, Monday, July 12, 2010. Deep-sea robots swarmed around BP's ruptured oil well Monday in a delicately choreographed effort to attach the tighter-fitting cap that could finally stop crude from gushing into the Gulf of Mexico nearly three months into the crisis. (AP Photo/BP PLC) NO SALES
This combo made from images taken from video provided by BP PLC shows oil flowing from two of three valves on the new 75-ton cap atop the site of the Deepwater Horizon oil spill in the Gulf of Mexico at 17:04 CDT Wednesday, July 14, 2010, left, and the top of the cap at 17:56 CDT on Thursday, July 15, minutes after the flow of oil was choked off. BP vice president Kent Wells said the oil stopped flowing into the water at 14:25 CDT after engineers gradually dialed back the amount of crude escaping through the last of three vents in the cap, an 18-foot-high metal stack of pipes and valves.(AP Photo/BP PLC) NO SALES
The view from an approaching helicopter shows the armada of drillships and other vessels surrounding the site of the blown out BP well in the Gulf of Mexico about 40 miles off the coast of Louisiana. Credit Brett Clanton / Chronicle
Oil gushes from a valve atop the failed blowout preventer (BOP) at the BP Deepwater Horizon oil spill site in the Gulf of Mexico off the coast of Louisiana, U.S., in an image captured by the Skandi remotely operated underwater vehicle (ROV) camera at 7:35 a.m. Central Standard Time (CST) on Tuesday, July 13, 2010. BP Plc installed a new cap on its leaking Gulf of Mexico oil well and will start testing today whether this will stop the gusher while work continues on a permanent plug. Source: BP Plc via Bloomberg
EDITOR'S NOTE: EDITORIAL USE ONLY. NO SALES.
GULF OF MEXICO, LA - JULY 27: (EDITORS NOTE: Distortion caused by heat.) Ships assist in clean up and containment near the source of the BP Deepwater Horizon oil spill July 27, 2010 in the Gulf of Mexico off the coast of Louisiana. Work continues to put a permanent plug on the well which has leaked an estimated three to five million barrels of oil. (Photo by Chris Graythen/Getty Images)
Hairdresser Karen Jackson wears a t-shirt that reads "We've been BPeed on!" on the front of the shirt and "Gulf Oil Disaster 2010-??" on the back Saturday, July 3, 2010, in Orange Beach, Ala. Jackson says she is worried about the effect the spill is having on her community and what will happen if local business continues to falter. "I would hate to have to leave this place. We love it here." She said her business is way off what it should be for the season, "down here we make all of our money in the summer," she says. Her husband's work as an electrician has dried up she says, so he has signed on to work cleanup for BP. ( Smiley N. Pool / Houston Chronicle )
A driver rolls down the highway with messages such as "$ave the Gulf Coa$t" and "Tony Hayward C.E. O of B.P. Give us out Live Back" while driving Sunday, June 27, 2010, in Pensacola, Florida. ( Smiley N. Pool / Houston Chronicle )
This still image from a live BP video feed shows a view from a submersible while checking the integrity of the well head on August 3, 2010 in the Gulf of Mexico. BP prepared Tuesday to plug the worst oil leak in history, although the Gulf of Mexico region will be counting the environmental and economic costs for years, perhaps decades, to come. Already delayed by a week due to Tropical Storm Bonnie, the long-awaited "static kill" was put off again at the last-minute when a leak was discovered on Monday in the cap that has been sealing the runaway well since July 15. US spill chief Thad Allen said the leak had been stopped overnight and that the operation to ram in heavy drilling fluids, known as mud, would commence as soon as "injectivity tests" had given the procedure the all-clear. AFP PHOTO / BP == RESTRICTED TO EDITORIAL USE / NO SALES / NO MARKETING / NO ADVERTISING CAMPAIGN == (Photo credit should read HO/AFP/Getty Images)(Photo Credit should Read /AFP/Getty Images)
In this image taken from video provided by BP PLC at 12:23 a.m. EDT, Saturday Sept. 4, 2010 Aug. 3, 2010 shows the blowout preventer that failed to stop oil from spewing into the Gulf of Mexico being raised to the surface. The blowout preventer wasn't expected to reach the surface until Saturday, at which point government investigators will take possession of it. (AP Photo/BP PLC) NO SALES
DAUPHIN ISLAND, AL. | JULY 4, 2010 : A cleanup worker, wearing a protective coverall and carrying a small scoop, punctuates an otherwise typical holiday beach scene as patrols the beach looking for tar balls on Independence Day. While exact numbers are elusive, tourist business along the Gulf Coast all reported feeling the sting of lost income from a noticeable dip in tourism this summer following the Deepwater Horizon spill.
GULF OF MEXICO | JUNE 26, 2010 : Streaks of oil are seen on the surface of the water near the site of the Deepwater Horizon spill in the Gulf of Mexico. The amount of oil spilled, and what happened to the oil remains in debate, but in August, the Department of Energy and United States Geological Survey announced, that it estimated a total of 4.9 million barrels of oil had been released from the BP Deepwater Horizon well.
GRAND ISLE, LA. | JULY 15, 2010 : Oil containment boom floats just off the pier as fishermen cast lines near the bridge leading to the island after sun sets on the first full day of fishing after a ban on sport fishing was lifted. Commercial fishing remained closed, but happy recreational fishermen flocked to the water on a beautiful evening. Most were BP contractors working on the cleanup. One was Bobby Walker of Houma, La., who said he had been coming to the island to fish for over 30 years and praised the great fishing and natural beauty of the island. "But who would have ever thought I would be here all summer working on the oil spill."
NEW ORLEANS — The manslaughter charges brought against two relatively low-ranking BP rig workers in the deadly Gulf of Mexico disaster may be as far as federal prosecutors are willing to go. Or maybe they intend to use the two men to work their way up the corporate ladder.
The Justice Department has said only that its criminal investigation is still going on. As a result, others are left guessing about prosecutors’ intentions.
“Either there simply isn’t evidence that anybody higher up was involved, or the department has concluded the only way it’s going to make its case against more senior corporate officers is if it charges and eventually obtains cooperation” from the two men, said David Uhlmann, a University of Michigan law professor and former chief of the Justice Department’s environmental crimes section.
A federal indictment unsealed last week charged BP rig supervisors Robert Kaluza and Donald Vidrine with botching a crucial safety test before the 2010 drilling-platform explosion that killed 11 workers and triggered the biggest offshore oil spill in U.S. history.
Two and a half years after the blast, they are the only individuals charged directly in the tragedy, despite a string of government investigations that spread fault among a host of people and companies. BP agreed last week to plead guilty to charges related to the workers’ deaths and pay a record $4.5 billion. But none of the company’s onshore engineers or executives was accused of wrongdoing in the indictment.
Shaun Clarke, one of Kaluza’s attorneys, said the narrow focus of his client’s indictment doesn’t jibe with the widely accepted conclusion that “multiple failures at multiple levels in multiple companies” led to the blowout.
“It would have taken a lot of courage after spending three years and tens of millions of dollars investigating to go back to the White House and say, ‘You know, Mr. President, we can’t really find a person to blame.’ Instead, they decided to scapegoat two people who were just out on the rig doing their jobs,” Clarke said.
Natural Resources Defense Council president Frances Beinecke, who served on a presidential commission charged with investigating the explosion and subsequent spill, said the disaster resulted from “systemic failures” that raised concerns about the entire drilling industry’s safety culture.
“You can fault two people for this accident, but you cannot leave it there,” she said. “You have to look at what’s happening throughout this industry.”
That commission concluded the blowout was the product of “several individual missteps and oversights” by BP, rig owner Transocean Ltd. and cement contractor Halliburton, with mistakes made both on the rig and on shore. The panel also found that government regulators lacked the authority, resources and technical expertise to prevent the mistakes.
“Though it is tempting to single out one crucial misstep or point the finger at one bad actor as the cause of the Deepwater Horizon explosion, any such explanation provides a dangerously incomplete picture of what happened — encouraging the very kind of complacency that led to the accident in the first place,” the commission’s January 2011 report says.
As well site leaders, Kaluza and Vidrine were the highest-ranking BP supervisors on the rig, each having four decades of experience in the oil patch.
Vidrine, 65, was on duty at the time of the April 20, 2010, explosion. Kaluza, 62, was filling in for another well site leader and had been on the rig only a few days before the blowout. He was in bed at the time of the blast.
The case against Kaluza and Vidrine centers on their roles in supervising “negative testing,” which is designed to assess whether a cement barrier is effectively preventing oil or gas from flowing up the well.
The indictment says they had “multiple indications” from the negative testing that the well wasn’t secure. Yet they allegedly failed to alert onshore engineers about the problems during the testing, accepted a “nonsensical explanation” for abnormal pressure readings and eventually decided to stop investigating.
When another rig worker attributed the pressure readings to a “bladder effect,” Vidrine and Kaluza accepted that explanation.
“This explanation was scientifically illogical and was not recognized within the deep-water oil exploration industry,” the indictment says.
Uhlmann said it’s understandable that prosecutors would focus on the well site leaders’ conduct because they were in charge of rig operations. However, he said the indictment could send a troubling message that the failures were limited to actions on the rig and not at higher levels of the company.
“Corporate culture and management policies are created far above the well site leaders,” he said.