FOR IMMEDIATE RELEASE
Thursday, October 22, 1998
Contact: Jeff Nelligan
Telephone: (202) 366-6312
OIG 34-98
PRISON TERM FOR MAN FALSIFYING TESTS
ON COMPRESSED GAS CYLINDERS
The U.S. Department of Transportation’s Office of Inspector General today announced that, in the first prosecution of its kind in the Southeast, William B. Courtney, has been sentenced to six months’ imprisonment for certifying that he performed vital safety tests on compressed gas cylinders when he had not.
Courtney was the owner of a now-defunct Memphis, Tenn., fire protection company, Columbia Fire Protection. His incarceration will be followed by two months of home confinement and two years of supervised release during which he is prohibited from engaging in any activities related to the compressed gas industry. In addition, Courtney, sentenced on Oct. 8, will pay a civil fine of $10,000 to the Research and Special Programs Administration (RSPA), which is charged with enforcing the U.S. Department of Transportation’s regulations pertaining to compressed gas cylinders. Courtney was also ordered to pay $1,382.75 in restitution to victims.
"This is a situation where profits were made by a company willing to risk the lives of unsuspecting consumers," said DOT Inspector General Kenneth Mead. "This prosecution should deter people in the industry from endangering the lives of those who use compressed gas cylinders."
Columbia Fire Protection was never certified by RSPA to test the cylinders, which are used to hold and transport compressed gases including carbon dioxide, oxygen, helium and argon. Federal law requires testing of these cylinders every five years to ensure they are strong enough to hold compressed gases, many of which are explosive under pressure.
A crucial part of the retesting procedure is a hydrostatic test. In the test, a cylinder is subjected to up to twice its usual pressure to detect fatigue that cannot be found through visual inspection. Courtney unlawfully "stamped" the cylinders with false testing information by counterfeiting another company’s legitimate retest number. This led unsuspecting customers to believe that the cylinders had been tested in accordance with DOT regulations. Courtney’s customers included hospitals, schools and federal agencies as well as many private organizations.
"Safety is President Clinton’s highest transportation priority," said RSPA Administrator Kelley S. Coyner. "Under no circumstances should a cylinder stamped by Columbia Fire Protection be filled, refilled or used absent a reinspection and retest by a DOT-authorized retest facility."
Coyner also noted that, because of the safety risks, RSPA sent a letter to Columbia Fire Protection customers notifying them of the problem and issued a safety advisory notice immediately upon learning of the problem.
The case was investigated by the DOT’s Office of Inspector General, RSPA’s Office of Hazardous Materials Enforcement, and the FBI.
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