For continuing and willful violations of
OSHA, the United States government in certain parts of the country has filed criminal
charges against contractors in addition to the fines issued by OSHA. This month's Update
is devoted to two criminal cases against Indiana steel erection companies for willful
failures to comply with OSHA in providing fall protection which resulted in the deaths of
two ironworkers.
"Death of Ironworker Brings
Indictment of LeMaster Steel Erectors, Inc."
Fort Wayne, Indiana, Journal Gazette, July 16, 1998
On Wednesday, July 15, 1998, a federal
grand jury in Cincinnati indicted LeMaster Steel Erectors,
Inc., of Elkhart, Indiana, for
safety violations and obstruction of justice. These indictments arose out of a 1996 death
of ironworker Jeffrey Highfill who fell more than 25-feet to his death at a construction
site in Mason, Ohio.
The foreman of the crew pleaded guilty to
making false statements to investigators who were looking into the cause of Mr. Highfill's
death. If convicted on all four counts, the company could be fined a maximum of
$2,000,000.
"C&S Erectors, Inc.
Charged with Criminal Offenses for Death of Ironworker"
27 Legal News, 1316 (BNA OSHR)
C&S Erectors, Inc., of Noblesville,
Indiana, was indicted on several criminal charges in the United States District Court for
the Middle District of Pennsylvania as a result of a death of an ironworker. Brian Smith,
the ironworker, fell to his death at a construction site due to a lack of fall protection.
The Occupational Safety and Health Review Commission stayed administrative proceedings
against C&S Erectors which OSHA had charged with willful and serious violations and
assessed fines against C&S totaling $396,000.
The owner of the company, Roy G. Stoops,
was also charged with criminal violations. Stoops faces a maximum penalty of six months in
jail and a $250,000 fine and C&S faces a maximum of $500,000 fine in addition to the
OSHA penalties. Specifically, the United States government alleges that Stoops and C&S
failed to require fall protection for employees and that it failed to instruct employees
in recognizing and avoiding unsafe conditions. It is alleged that these violations
were the cause of the death of Brian R. Smith, an employee of C&S.
Bill Conour is representing the Estate of
Brian R. Smith in a lawsuit against Quandel Group, Inc., the General Contractor, for the
death of Brian Smith.
