Negligence of Titan tour operator chief contributed to implosion deaths

South Wales Guardian

2 days ago

The US Coast Guard said OceanGate Expeditions 'leveraged intimidation tactics… to evade regulatory scrutiny' before the implosion of the deep-sea vessel which led to the deaths of five people, including chief executive Stockton Rush, in June 2023.
British adventurer Hamish Harding, father and son Shahzada and Suleman Dawood, and French national Paul-Henri Nargeolet, were also killed in the incident.
The report, authored by lead investigator Thomas Whalen and marine board chairman Jason Neubauer, concluded that in Mr Rush's case, there was evidence of 'potential criminal offences'.
It concluded Mr Rush had 'exhibited negligence that contributed to the deaths of four individuals' and may have been accused of 'misconduct or neglect of ship officers' had he survived the incident.
The offence carries a maximum sentence of 10 years in prison in the US.
The report said OceanGate had a 'toxic workplace environment' and used the 'looming threat of being fired' to prevent staff from coming forward with safety concerns.
It added that analysis revealed a 'disturbing pattern of misrepresentation and reckless disregard for safety'.
On Tuesday, the US Coast Guard published a lengthy report which identified eight 'primary causal factors' that led to the fatal implosion.
The report criticised OceanGate's design and testing processes and the continued use of the Titan submersible despite 'a series of incidents that compromised the integrity of the hull and other critical components'.
The tour operator's former director of engineering was reported by the US Coast Guard to have said the first hull used on the Titan submersible was akin to a 'high school project'.
According to the report, a contractor hired by OceanGate in 2022 voiced 'numerous safety concerns' to a company director, before being told: 'You have a bad attitude, you don't have an explorer mindset, you know, we're innovative and we're cowboys, and a lot of people can't handle that.'
The report read: 'For several years preceding the incident, OceanGate leveraged intimidation tactics, allowances for scientific operations, and the company's favourable reputation to evade regulatory scrutiny.
'By strategically creating and exploiting regulatory confusion and oversight challenges, OceanGate was ultimately able to operate Titan completely outside of the established deep-sea protocols, which had historically contributed to a strong safety record for commercial submersibles.
'The lack of both third-party oversight and experienced OceanGate employees on staff during their 2023 Titan operations allowed OceanGate's chief executive officer to completely ignore vital inspections, data analyses, and preventative maintenance procedures, culminating in a catastrophic event.'
Addressing potential criminality, the report said: 'Had OceanGate's CEO and chief pilot survived the incident, the MBI (Marine Board of Investigation) would have recommended that the commandant refer the matter to DoJ (Department of Justice) for their consideration on whether to pursue a separate criminal investigation.
'The MBI concluded that Mr Rush, in his dual role as CEO and as the acting master or pilot of the Titan submersible, exhibited negligence that contributed to the deaths of four individuals.
'As both a corporate executive responsible for the vessel's operation and its master during the casualty, Mr Rush may have been subject to criminal liability under the standards set forth in 18 USC § 1115 (misconduct or neglect of ship officers).'