criminal prosecution for safety and health feb 2016
TRANSCRIPT
Elements• Title 29 U.S.C. § 666(e) provides criminal penalties for any employer
who willfully violates a safety standard prescribed pursuant to the Occupational Safety and Health Act, where that violation causes the death of any employee.
• Four elements must be proved in order to establish a criminal violation of 29 U.S.C. § 666(e).
• The government must prove that: • (1) the defendant is an employer engaged in a business affecting
commerce;• (2) the employer violated a "standard, rule or order" promulgated
pursuant to 29 U.S.C. § 665, or any regulation prescribed under the Act;
• (3) the violation was willful, and • (4) the violation caused the death of an employee.
Dr. Michaels
• "The possibility of incarceration is a powerful deterrent."• Assistant Secretary of Labor for Occupational Safety and Health, Dr. David
Michaels ("Assistant Secretary Michaels") – March 16, 2010
• "It is a sad truth that nothing focuses attention like the possibility of going to prison. Unscrupulous employers who refuse to comply with safety and health standards as an economic calculus will think again if there is a chance that they will go to prison for ignoring their responsibilities to their workers."
• Assistant Secretary Michaels – April 27, 2010
• "It's an unfortunate fact that sometimes monetary penalties are just not enough. Nothing focuses the mind like the prospect of time in prison."
• Assistant Secretary Michaels – June 14, 2010
April 28, 2013• USMWF asks OSHA to start pushing criminal for willful deaths. • Very little activity since 2003
July 2013
After and BeforeOSHA found that Campbell had removed critical wall supports three days before the collapse — an action that it calls “willful, egregious violations” of OSHA standards — and parts of lower floors before removing upper floors, also willful violations.
Fines total $313,000 for Campbell and $84,000 for Benschop.
The Dam Breaks• Benschop has pleaded guilty to six counts of involuntary
manslaughter, as well as charges of aggravated assault, conspiracy, causing a catastrophe and twelve counts of reckless endangerment, the Philadelphia District Attorney's Office said Tuesday.
• In October 2014, Campbell was convicted of involuntary manslaughter and other charges.
• Campbell and Benschop received prison sentences of 15 years to 30 years, and 7.5 years to 15 years, respectively.
Feb 2016• A Deepwater Horizon supervisor
ignored a clear red flag and should be held partly responsible for the 2010 oil spill that blackened the Gulf of Mexico coast
• Prosecutor Jennifer Saulino said in her opening statement that Robert Kaluza is one of two supervisors who ignored tests that showed pressure from oil and gas when there shouldn’t have been any.
• Kaluza is standing trial on a single misdemeanor charge of violating the Clean Water Act and could face up to a year in prison if convicted.
Jan 2016• Cincinnati OH• Grand jury indicts two
managers• Zachary Henzerling was
working at Environmental Enterprises on Dec. 28, 2012, when a fire broke out as he was treating hazardous waste.
• The Colerain Township man was burned, and later died from his injuries.
• Another worker also was badly burned in the incident.
Criminal 2015• Prosecutors said on Wednesday
that the two managers — Wilmer Cueva, of Sky Materials, and Alfonso Prestia, of Harco Construction — had ignored repeated warnings for months from private inspectors that treacherous conditions existed at the site on Ninth Avenue
• Manslaughter and other charges were being brought against two construction managers and the companies they worked for in the April death of a worker at a Lower Manhattan building site.
Neri Update February 2015Mike Neri agreed to be permanently enjoined from engaging in trenching, excavation, construction or related activities and permanently prohibited from possessing or leasing any construction excavation equipment. • The judges also found that Neri,
based on a review of his tax returns and other financial records, was unable to pay the $110,440 fine.
• Mike Neri was released from Federal Prison December 24, 2014
Dec 2015• Manslaughter charges
have been dropped against a BP supervisor responsible for safety aboard the rig where an explosion killed 11 workers in 2010, as he pleaded guilty to a misdemeanor charge of violating the federal Clean Water Act.
Criminal 2015• Salvador William Versaggi, owner of
Versaggi Construction, along with foreman John Fittpleaded not guilty on Tuesday to the manslaughter charges and two counts of violation of the labor code.
• On December 26, 2012, Jose Plancarte was assigned to lower a window frame opening in the main stairwell of a residential construction site at 40 Edgehill Way in San Francisco.
• Plancarte built a nailed-bracket scaffold and used two scaffold planks to access the window located more than 18 feet above ground.
• Plancarte was not wearing fall protection and the scaffold did not have guardrails.
May 2015
• On May 20, US district judge Beth Phillips ordered Robert Lockett, III, Ann Fox and William Alpert of Compliance Professionals to each pay a $2,000 penalty for criminal contempt.
• They were also ordered, along with Martin Foundry, to pay nearly $11,000 for the costs incurred by the Labor Department in OSHA’s effort to inspect the facility.
• " The acts and conduct of Martin Foundry, Darrell Stone, Robert Lockett, III, Ann Fox and William Alpert as set forth herein constitute disobedience and resistance to the Administrative Search Warrant, a lawful Order of the Court."
Criminal 2015• Dennis Egan, 36, illegally
allowed deckhand Alex Oliva, 29, to use the naked flame of a propane blow torch on a barge, triggering an explosion that killed Oliva, sank the barge and flooded the Chicago Sanitary and Ship Canal with 600,000 gallons of oil, U.S. District Judge James Zagel ruled.
• Sentencing later
Criminal 2015• Marcus Borden was charged
with lying to OSHA about an incident investigation of one of his work sites in Cordova AL more than two years ago.
• He was sentenced to three years of supervised probation and 30 hours of community service after pleading guilty to one count of making false statements to the U.S. Department of Labor's Occupational Safety and Health Administration.
Criminal 2015• James J. McCullagh, 60, of
Meadowbrook, PA, was charged by indictment in connection with the fatal fall of an employee,
• McCullagh, who owns James J. McCullagh Roofing, is charged with with four counts of making false statements, one count of obstruction of justice, and one count of willfully violating an Occupational Safety and Health Administration (OSHA) regulation causing death to an employee.
• On June 21, 2013, one of McCullagh’s employees was killed after falling approximately 45 feet from a roof bracket scaffold while performing roofing repairs for the company on a church in Philadelphia.
• MARK T. SMITH SR., died suddenly, on June 21, 2013, at the age of 52. Beloved husband of Denise T. (nee Titus); loving father of Tina, Mark T. Jr., Justin, and Michael
Criminal 2015• George Bello arrest for
selling OSHA 10 hour cards.
• For a fee of from $150 to $250 each, George Bello, 44, sold “OSHA 30” cards and split the proceeds, U.S. Attorney Paul J. Fishman said this afternoon.
• Sentencing Sep 2015 (no update as Nov 2015)
Criminal 2015• Los Angeles CA• $6 million settlement to CAL-
OSHA• The company, its plant
Operations Director Angel Rodriguez and former safety manager Saul Florez were each charged with three counts of violating Occupational Safety & Health Administration rules that caused a death.
Florez, 42, of Whittier was sentenced to three years of probation and will face fines and penalties of about $19,000 after pleading guilty to a single felony count of violating a workplace safety rule that caused a death.
Rodriguez, 63, of Riverside, agreed to plead guilty to a misdemeanor in 18 months and pay about $11,000 after he completes 320 hours of community service and worker safety courses
Criminal 2015• A Middlesex County, NJ
man who admitted to cutting corners in the disposal of asbestos materials during the demolition of a Burlington County hospital was sentenced today to three years in state prison.
Criminal 2014/2015• U.S. Sino Investment, its
owner and a project manager were indicted Monday on involuntary manslaughter charges in the cave-in death of a construction worker at a Milpitas building site.
• Raul Zapata Mercado, 38, was killed January 28, 2012, after a 12-ft. wall of dirt collapsed on top of him
• 2 years in jail
Criminal 2015
• On May 20, US district judge Beth Phillips ordered Robert Lockett, III, Ann Fox and William Alpert of Compliance Professionals to each pay a $2,000 penalty for criminal contempt.
• They were also ordered, along with Martin Foundry, to pay nearly $11,000 for the costs incurred by the Labor Department in OSHA’s effort to inspect the facility.
• " The acts and conduct of Martin Foundry, Darrell Stone, Robert Lockett, III, Ann Fox and William Alpert as set forth herein constitute disobedience and resistance to the Administrative Search Warrant, a lawful Order of the Court."
Criminal 2015• Saul Florez, Bumble Bee's former
safety manager, pleaded guilty to a felony count of willfully violating lockout rules and indirectly causing Melena's death.
• He was sentenced to three years' probation, ordered to complete 30 days of community labor and assessed $19,000 in fines and penalties, Lacey said.
• And another co-defendant, Angel Rodriguez, Bumble Bee's director of plant operations, will be allowed to plead guilty to a misdemeanor in 18 months if he completes 320 hours of community service, pays $11,400 in fines and takes classes on confined space rules, Lacey said.
The oven where a Bumble Bee worker died in 2012 in Santa Fe Springs, California. State regulators found that the chain that pulls carts of tuna into the ovens sometimes get snagged, requiring operators to enter the ovens to pull the carts through.
Criminal 2015• DOL has filed a motion with the U.S. Court of Appeals for the 1st Circuit in Boston asking it to hold Lessard in civil contempt for refusing to implement safety measures and pay more than $400,000 in fines for violations cited through 2010.
• He could face jail time• Lessard didn’t return multiple
calls seeking comment.• The motion for contempt stems
from a December 2010 Occupational Safety and Health Administration inspection that resulted in citations for alleged “egregious, willful, serious and repeat violations” for a lack of fall protection and other hazards.
Criminal 2014/2015• Frederick Prinz, 38, of
Marmora, N.J., pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with making and selling fraudulent construction industry certification forms, known as “OSHA 30” cards.
• Two years Probation
Criminal 2015• Don Blankenship, the
longtime chief executive officer of Massey Energy, was convicted on charges that he violated federal mine safety laws at the company’s Upper Big Branch Mine prior to an April 2010 explosion that killed 29 miners.
Criminal 2015• Dennis Farrell, the
longtime president and owner of Freedom Industries, was sentenced Thursday to serve 30 days in jail for his role in water pollution crimes that led to the January 2014 chemical spill that contaminated drinking-water supplies for hundreds of thousands of residents in Charleston and surrounding communities
Criminal 2015• Gary Southern, CEO
Behind West Virginia’s Historic Chemical Spill Gets 1 Month In Prison
Criminal 2014• Jail time for two that exposed CA
high school student workers to asbestos.
• Patrick Bowman and Rudy Buendia III were sentenced in Fresno federal court Monday by U.S. District Judge Lawrence J. O’Neill to 27 and 24 months respectively in federal prison, according to the office of U.S. District Attorney Benjamin Wagner.
• Joseph Cuellar was ordered to serve 44 months in state prison and 22 months in federal prison.
The defendants, Rudy Buendia III, 47, Patrick Bowman, 44, and Joseph Cuellar, 71, allegedly cut corners by using teenagers to remove asbestos from the Automotive Training Center at Castle Commerce Center.
Criminal 2014• IL Tollway worker killed while
helped a motor.• Officials Tuesday night charged
Renato V. Velasquez, 46, of Hanover Park in connection with the accident.
• Velasquez was charged with operating a commercial vehicle while impaired/fatigued, filing a false report of record and duty status, driving more than 14 hours and driving beyond the 11 hour rule, all class four felonies
• He was also charged with failure to reduce speed to avoid an accident and failure to yield to stationary emergency vehicles in violation of Scott's Law
• Truck driver Renato Velasquez was sentenced to three years in connection with a crash that killed a tollway worker and injured a state trooper in January 2014.
Criminal 2014• Felony charges are filed against
the President of a Holland construction company
• 38-year-old Brian Tarachanowicz was killed in July of 2012, while working for Black River Builders, owned by Joe Novak.
• He fell through a weak spot on the roof of the Federal Mogul Building in Sparta.
• The suit, filed by Michigan Attorney General Bill Schuette, says they were not using fall protection equipment and were exposed to a 26 foot fall.
Novak was found not guilty
Criminal 2014• Midnight Rider
director Randall Miller has been indicated of involuntary manslaughter and criminal trespass in the death of their worker Sarah Jones.
Superior Court Judge Anthony Harrison’s ruling said that the intent was for Miller to stay in jail for the full two years, and that it’s up to his jailers whether he might get time served for good behavior. Miller is the first filmmaker in Hollywood history to go to jail for an on-set death.
Criminal 2014• Sean A. Chase, 32, of
Spencer, West Virginia, was sentenced to two years of supervised release.
• He was convicted earlier this year of "making false representations and certifications" on mine safety records, and one count of "false statements to a federal agent."
Criminal 2014• Randall Davey, owner of the
Wolf Creek Ski Area in southwest Colorado, has entered not-guilty pleas to five misdemeanor charges filed after the death of an employee killed in an avalanche.
• Davey was sentenced in Durango by U.S. Magistrate Judge David L. West to five years of supervised probation, including 500 hours of community service, and was fined $5,000.
• During one exercise, explosives were used to set off avalanches. Colin Drew Sutton, 38, was caught in one of those avalanches and died.
Criminal 2014• Parnell and his brother, food
broker Michael Parnell, are charged with knowingly shipping contaminated peanut butter to customers and faking lab tests intended to screen for salmonella
• The Centers for Disease Control and Prevention, which tracked the outbreak from victims back to the plant, determined 714 people got sick in 43 U.S. states. Three deaths were reported in Minnesota, two in Ohio, two in Virginia, one in Idaho and one in North Carolina.
• The former PCA chief executive was sentenced to 28 years for selling misbranded food, introducing adulterated food into interstate commerce, fraud, conspiracy and other charges related to knowingly allowing peanut butter contaminated with salmonella to enter the stream of commerce.
Ginger Lorentz’s mother, Shirley Almer, (pictured, left, in a photo from 2004), was one of three Minnesotans to die during the 2008-2009 salmonella outbreak that sickened hundreds nationwide.
Criminal 2014• US Marshalls take IL trenching contractor to jail. • "A U.S. Marshall has taken an Illinois business owner into custody after the
employer failed to correct serious trenching hazards and pay OSHA penalties. • On Oct. 27, the Seventh Circuit Court of Appeals granted a motion filed by
Secretary of Labor Thomas E. Perez against the owner of Mike Neri Sewer & Water Contractor Inc., based in Elk Grove Village, Ill.
• This action followed the owner's long history of failing to comply with OSHA standards and orders of the independent Occupational Safety and Health Review Commission.
• In October 2013, the Court issued an enforcement order against Neri and when he failed to comply, the Court held Neri in contempt in July 2014 and threatened him with possible incarceration.
• Last week, after receiving no response from Neri, the Court granted the Secretary's motion to proceed with coercive actions, ordering the U.S. Marshal to place Neri in the custody of the Attorney General.
• Neri will remain in custody until a District or Magistrate Judge certifies to the Court that he has either fully complied with the Court's enforcement order or has demonstrated he is unable to comply.
Criminal 2014• Martin Romano of Victor MT, pleaded guilty
Tuesday to federal misdemeanor violations during a hearing before U.S. Magistrate Judge Jeremiah Lynch in Missoula. count of causing the death of a worker by violating a safety standard.
• He will serve three of probation. • In addition, the company, Mr. Asphalt Inc. of
Corvallis, entered a guilty plea to the same violation of 29 U.S.C. 666(e), Violation of Safety Standard Causing Death of an Employee.
• Romano and his company were charged after 54-year-old William Irby Jr. or Corvallis slipped off an oil tank while taking measurements and fell 15 feet, hitting his head on a concrete pad.
Criminal 2014• Former Asbestos Removal Trainer
Pleads Guilty to Falsifying Hundreds of Certifications
• Lachele Rene Thrower, who worked for an approved asbestos removal training provider, with willfully making materially false statements to the Environmental Protection Agency over the course of four years. Thrower admitted to falsely certifying between 100 and 150 workers from May 2010 to August 2014
• Thrower could face up to five years in prison and a fine of more than $250,000.
• Sentencing in Feb 2014
Criminal 2014• Two officials of a
Massachusetts drug maker blamed for a fungal meningitis outbreak that killed 64 people in 2012 were charged Wednesday with a range of counts including second-degree murder, the U.S. attorney's office said.
2013• Franklin “Al” Bieri, 54, of
Lebanon, Ill., was sentenced in federal court to five months in prison, followed by three months of home confinement.
• Disposed in dumpster with no bagged or labels
Failed to notify Environmental Protection Agency at least 10 working days prior to beginning the asbestos work an offense punishable under the Clean Air Act.
Criminal 2013• Walter Cardin, former safety
manger to 78 months in prison for deliberately falsifying records of workplace injuries
• “used the false injury reports to claim bonuses of more than $2.5 million under the contract.”
• Located at: Oakdale II FCI• Release Date: 02/10/2019
Oakdale cell
Criminal 2013• John Prisque, 63 sentenced 70
months for OSHA/EPA crimes.
• Specifically, the Defendant were found to have illegally pumped contaminated water into storm drains and, as a result, into the Delaware River; to have unlawfully burned 50-gallon drums of paint waste in a cupola and emitted the fumes from those activities into the air; and to have attempted to cover up several work-related accidents at its facility, one of which resulted in the death of an employee.
• The jury also found that the Defendant engaged in a conspiracy to commit these acts—and to impede the resulting federal investigation—in order to maximize productivity and profits at the Plant.
Criminal 2013• Erasmo Ponce (Orange)
was sentenced to 90 days and $450,000 restitution.
• The owner of a Brooklyn tortilla factory where a worker died last year after falling into a mixing machine pleaded guilty on Tuesday to failing to pay adequate wages, the state attorney general’s office said.
Criminal 2013• Matthew Lawrence Bowman, 41, of
Houston, pleaded guilty to willfully violating the Occupational Safety and Health Act (OSH Act) and making a false statements.
• He was sentenced to serve 12 months in federal prison and ordered to pay fines in the amount of $5,000.
• “Mr. Sutter did not die of natural causes,” said Justice of the Peace Gillam. “His cause of death was asphyxia and poisoning due to hydrogen sulfide inhalation.
• Sutter and Sittig were drivers for PACES who transported hydrogen sulfide wastewater—an operation Bowman personally directed
Criminal 2013• Knight impersonated a high-ranking
OSHA hazardous waste safety instructor and inspector in order to collect money from workers who hoped to work on the cleanup effort that followed the spill.
• Knight created and used multiple false federal identifications to bolster her credibility as an OSHA employee and to convince attendees, who were primarily from the Southeast Asian fishing community, that she could ensure them lucrative employment cleaning the spill.
• In reality, Knight did not have any connection to OSHA or to the cleanup effort, nor did she have training in hazardous waste safety.
Connie M. Knight, previously of Belle Chasse, La., was sentenced to serve 57 months in prison in New Orleans federal court for providing fraudulent hazardous waste safety training in the wake of the Deepwater Horizon explosion and spill. Knight also was ordered to pay victim restitution in the amount of $25,300.
Criminal 2013• Tree-service owner
charged with manslaughter of a child after 14-year-old fell 50 feet to his death while using a chainsaw in a tree.• Jonathan Harves Wilkes,
37, of Palatka, FL turned himself in at the Sheriff’s Office and faces a maximum of 30 years in prison.
Criminal 2013• David Hughart, 56,
sentenced on conspiracy charges. • Judge Irene Berger
gave Hughart 3½ years in jail and 3 years supervised release for his part in alerting miners to surprise MSHA inspections.
Criminal 2013• Craig Sanborn owned the
Black Mag plant in Colebrook, where the 2010 explosion killed 56-year-old Donald Kendall, of Colebrook, and 49-year-oldJesse Kennett, of nearby Stratford.
• Sanborn, 64, was sentenced on Nov. 27 by a superior court judge to five to 10 years on two counts of manslaughter, to be served consecutively, for a total of 10 to 20 years, and assessed fines of $10,000
Criminal 2013• Craig Belcher, 37, of
Bluefield, pleaded guilty in July 2013 to providing a false statement, representation and certification in a Mine Safety and Health Administration (MSHA) document. • 21 months in jail
Criminal 2013• Eric Jensen, 37, and Ryan Jensen, 33, were
arrested in the listeria outbreak investigation that killed 33 people.
• The F.D.A. said Jensen Farms bought the used processing equipment just before the outbreak, and it was corroded and dirty.
• Also, the packing facility floors were difficult to clean, so pools of water potentially harboring the bacteria formed close to the packing equipment, the agency said.
• Another possible source of contamination was a truck that frequently hauled cantaloupe to a cattle operation and was parked near the packing house.
• Plead guilty to Misdeamors. • 6 months homes confinement. $150,000
restitution.
Criminal 2013• Gorczyca, in December 2015,
pleased no contest to a slightly reduced charge and is on probation.
• Pyle's case has not yet gone to trial.
• Shoddy work by two electricians led to the death of a man at a west Houston hotel swimming pool, police said.
• Jason Joseph Gorczyca, 35, and James Ray Pyle, 34, were charged on Friday with criminally negligent homicide.
• Officials said the electricians' work on a pool at the Hilton Houston Westchase was done in a "substandard fashion" and led to the death of Raul Hernandez.
Raul Hernandez, 27 was electrocuted while saving his mother and brother, who said they also felt shocks while in the water. Hernandez collapsed as soon as he got out of the pool and went into cardiac arrest. He was taken off life support on September 6 and died.
Great White Fire• February 20. 2003 • 4 Station employees, one band
member and 95 others died • 180 injured• Club had $1 million in liability policy
limits, the foam insulation company had $5 million, the property owners had none, the city had $4 million, and the state has a cap of $100,000 per plaintiff.
• December 2003, a grand jury indicted the club's owners, brothers Jeffrey and Michael Derderian, and Great White's former tour manager, Dan Biechele, on 100 felony counts of involuntary manslaughter.
• Jeffrey received a suspended sentence; Michael was sentenced to serve four years in prison because he bought the foam. Michael served less than three years and was released in 2008.
In May 2006, Biechele pled guilty to 100 counts of involuntary manslaughter and was served under two years in a minimum security prison
Idaho 2000
• Allan Elias, 61, was ordered to serve 17 years in Jail
• $6.3M in restitution• Told workers to clean
cyanide tank without respirators
• Employee suffered permanent brain damage
52
1996 Grain Fire
• William J. Kirchner, 54, pleaded guilty November 28 in federal court to a charge of making false stataments on a document that was required to be maintained by U.S. Department of Labor.
1995 - Seward IL
A federal grand jury in Rockford November 28 indicted Victor A. Randolph, 42, of Cedar Rapids, a vice president of Stickle, for obstructing an OSHA investigation and making a false document concerning workplace safety violations that resulted in the death of Pecatonica Fire Department Chief Dale Zimmerman during a grain salvage operation at a corn storage bin owned by Fasco Mills Co. in Seward, IL, on Jan. 13, 1996.
Imperial Foods – 9/3/91
• 25 workers died in food processing plant
• Owner locked rear doors to prevent workers taking breaks, stealing chicken and to keep out insects. Company cited for flies in 6/90 by USDA.
• Emmet Roe – 25 counts of involuntary manslaughter – Served 4 ½ years in jail
Film Recovery - 1983
• Worker died February 10, 1983 while cleaning out tank containing sodium cyanide
• Three managers prosecuted by Cook County States Attorney
• Two received 18 month sentences of manslaughter.
Chicago Magnet Wire - 1983
• Several workers reported being sick from vapors from wire coating extrusion process
• OSHA overexposure to Phenol and Xylene
• 1989 IL Supreme Court allows five executives to stand trial for aggravated battery for job-related injuries to their employees • 1991 the five were acquitted
