NEW ORLEANS (AP) — BP failed to implement a new safety plan on the ill-fated Deepwater Horizon drilling rig even though the company realized a blowout in the Gulf of Mexico was its greatest danger, an expert witness for people and businesses suing the company testified Tuesday.
University of California-Berkeley engineering professor Robert Bea was the first witness at a civil trial to determine how much more BP and other companies should pay for the spill. Bea said BP PLC didn't implement a two-year-old safety management program on the rig that exploded in the Gulf of Mexico in 2010.
"It's a classic failure of management and leadership in BP," said Bea, a former BP consultant who also investigated the 1989 Exxon Valdez spill and New Orleans levee breaches after Hurricane Katrina in 2005.
The London-based company has said its "Operating Management System" was designed to drive a rigorous and systematic approach to safety and risk management. Yet it was only implemented at one of the seven rigs the company owned or leased in the Gulf.
Bea said it was "tragic" and "egregious" that BP didn't apply its own safety program to the Deepwater Horizon drilling rig before the Macondo well blowout triggered the explosion that killed 11 workers and spawned the massive spill. Transocean owned the rig; BP leased it.
A plaintiffs' lawyer who questioned Bea showed him a transcript of a deposition of Tony Hayward, who was BP's CEO at the time of the disaster. Hayward was asked if the deadly April 20, 2010, blowout could have been averted if BP had implemented the safety management program in the Gulf.
"There is possible potential," Hayward responded. "Undoubtedly."
Bea said BP's "culture of every dollar counts" was reflected in a May 2009 email sent by BP well team leader John Guide: "The DW Horizon embraced every dollar matters since I arrived 18 months ago," Guide wrote. "We have saved BP millions and no one had to tell us."
In a report prepared for the trial, Bea concluded that BP's "process safety failures" were a cause of the blowout.
"Financially, BP had the resources to effectively put into place a process safety system that could have prevented the Macondo disaster," Bea said.
Bea said he had warned BP management several years before the Gulf rig explosion that "culture is key" to the company's ability to operate safely. Bea said the company didn't heed his warnings.
"You still don't get it," he recalled telling BP officials in 2007. "You have not implemented any recommendations. Process safety is deadly serious, and you've turned it into a traveling roadshow."
Lawyers for BP and other companies involved in the ill-fated drilling project will question Bea later Monday.
Bea's testimony opened the second day of a civil trial that could result in BP and its partners being forced to pay billions of dollars more in damages. The case went to trial Monday after attempts to reach an 11th-hour settlement failed.
The second witness slated to appear is Lamar McKay, president of BP America, but it wasn't clear if there would be time for his testimony Tuesday. Other BP officials were expected to give videotaped testimony.
In pretrial depositions and in a report, Bea argued along with another consultant that BP showed a disregard for safety throughout the company and was reckless — the same arguments made in opening statements Monday by attorneys for the U.S. government and individuals and businesses hurt by the spill.
Attorneys for BP tried to block Bea's testimony, accusing him of analyzing documents and evidence "spoon-fed" to him by plaintiffs lawyers. BP accused Bea and another expert, William Gale, a California-based fire and explosion investigator and consultant, of ignoring the "safety culture of the other parties" involved in the spill, including rig owner Transocean Ltd.
Gale does not appear on a list of potential witnesses.
Just last year, Bea testified for plaintiffs who sued the U.S. Army Corps of Engineers over broken levees in New Orleans following Hurricane Katrina.
In the BP case, U.S. Justice Department attorney Mike Underhill said Monday that the catastrophe resulted from the company's "culture of corporate recklessness."
"The evidence will show that BP put profits before people, profits before safety and profits before the environment," Underhill said. "Despite BP's attempts to shift the blame to other parties, by far the primary fault for this disaster belongs to BP."
BP attorney Mike Brock acknowledged Monday that the oil company made mistakes. But he accused Transocean of failing to properly maintain the rig's blowout preventer, which had a dead battery, and he claimed cement contractor Halliburton used a bad slurry" that failed to prevent oil and gas from traveling up the well.
BP has already pleaded guilty to manslaughter and other criminal charges and has racked up more than $24 billion in spill-related expenses, including cleanup costs, compensation for businesses and individuals, and $4 billion in criminal penalties.
One of the biggest questions facing U.S. District Judge Carl Barbier, who is hearing the case without a jury, is whether BP acted with gross negligence.
Under the Clean Water Act, a polluter can be forced to pay a minimum of $1,100 per barrel of spilled oil; the fines nearly quadruple to about $4,300 a barrel for companies found grossly negligent, meaning BP could be on the hook for nearly $18 billion.
MAY 24 Blogger Robert Mann posts this entry about the Baton Rouge Chamber's recent report on Louisiana's higher education system. It's critical to economic development, and yet our system is facing a "funding crisis" with no way to resolve it, the report says. The Chamber says control of tuition and fees must be returned to the higher ed governing boards.
MAY 24 Here's a NBC33 story about Tyrann Mathieu. He has signed with the Arizona Cardinals, inking a $3 million, four-year deal. He gets a signing bonus of $265K, but gets another, larger bonus if he doesn't get cut from the team for doing drugs. The deal reportedly includes mandatory tests and meetings for the player.
MAY 24 Jarvis DeBerry posts here about the redonkulus rhetoric that would have us believe NOLA is a safe city with a murder problem. Maybe the city's crime stats don't compare with its murder stats because you can't manipulate a murder, he says: a dead body's a dead body. It just doesn't make sense, he says, and his readers agree: a poll asks if they believe the city is safe, and more than 90 percent say no.
MAY 24 Jindal administration officials announced Thursday that the privatization of public health care is going to cost a lot more than they budgeted for, the Advocate reports here. "I'm so surprised," said no one. Anywhere. The cost they're projecting now is more than $1 billion - a lot more than the $626 million budgeted for it. And, it's more than it cost the state to operate those hospitals. So why are we doing this again?
MAY 24 Blogger CB Forgotston ridicules the recent PR campaign by the state GOP in the wake of a legislative auditor's request to both major parties. The GOP (apparently unaware that the Dems got the same request) started yammering about being targeted because it had "killed" a tax increase. CB finds that laughable, but it's also pretty funny that the GOP was comparing this episode to the IRS scandal (Because the President has so much to do with our state auditor. Right?).
MAY 24 Politico details some recent fund-raising efforts by Sen. David Vitter, which have raised the question of his future political plans. This time, it is a $5,000 per head "bayou weekend" that includes "Cajun cooking" and an all-caps "alligator hunt," the story reports. Funds raised go to a super PAC that can spend money to support Vitter in federal or state races, the story points out.
MAY 24 The pink building on Royal in the quarter was sold at a sheriff's sale Thursday, this Picayune story reports. An injunction that would have halted the sale wasn't enforced because the family failed to post a $150,000 bond, the story reports. So the owner of the mortgages on the building bought it, for nearly $7 million. Now the feuding family will have to negotiate with that company to get a lease on the building that has housed their business for close to 60 years.
MAY 23 This post in Louisiana Voice tells us about a bill by a Winnsboro lege that would require all public high school students to take at least one Course Choice online class in order to graduate. (What?) Blogger Tom Aswell says it's a monument to "waste and corruption," especially in light of the problems he's exposed with the program in recent weeks. Idaho had a similar program, but voters removed it by a 2-1 margin, Aswell says.
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