Company pleads guilty to criminal charge in worker’s death
March 23, 2009 by Fred HosierPosted in: confined spaces, Fatality, In this week's e-newsletter, Latest News & Views, OSHA news, Who Got Fined and Why?
PDF An OSHA fine isn’t always the only penalty a company can expect from the government when it experiences a workplace fatality.
Prosecutors also have the ability to press criminal charges against the company in addition to OSHA’s penalty.
Crossroad Cooperative Association of Nebraska pleaded guilty to a criminal violation of the Occupational Safety and Health Act in the 2007 grain bin suffocation of an employee. It will pay a $100,000 fine and be on probation for two years as a result.
In 2007, 18-year-old Joseph Teague died after a foreman told him to go into a grain bin with an auger conveyor belt running, according to the Journal Star. OSHA requires such machinery to be shut off if someone enters a bin. Teague was buried in five to seven feet of grain. His body wasn’t found for 30 minutes.
As part of the plea, Crossroads is required to allow OSHA inspectors to have unrestricted access to its plant.
The company settled a civil case against it for $50,000. Teague’s family collected money through the company’s workers’ comp insurance.
Nebraska’s U.S. Attorney, Joe Stecher, said his office will be aggressive in prosecuting companies that don’t provide a safe environment for workers.
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Tags: criminal charge, suffocation, worker's death
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March 30th, 2009 at 3:32 pm
Criminal charges against the company? How about the foreman? Isn’t every place of work required to allow OSHA or their state equivalent access at least with a warrant?
March 30th, 2009 at 10:22 pm
You have to remember that the foreman is part of management and therefore represents the company. The “company” admitted guilt and was punished with a fine, probation, and unrestricted access by OSHA without a warrant.
So the “company”, as represented by the foreman, committed the felony. It is possible that the foreman could be sued for personal negligence in a civil court. However, I don’t know what Nebraska law would be in this case and it may be the foreman could be immune from criminal prosecution since the “company” pleaded guilty.
I can tell you as a construction safety consultant that many people and companies do not pay enough attention to safety on the job. It usually takes someone getting seriously injured or killed to get their attention. Then they get serious. Sad but true. It is so unnecessary.
For your information, no employer has to grant access to OSHA voluntarily. If they choose, they can demand the OSHA inspector get a warrant, which is usually quickly granted by a federal court. Remember, OSHA inspectors are federal officers and have no right to come onto private poperty without permission from the owner.
There is one exception to this rule. If an OSHA inspector literally sees (from a public right-of-way) a violation of OSHA regulations that could result in Imminent Danger to Life or Health (IDLH), then he or she can immediately enter the premises to stop the hazardous activity. However, there are only about 2,100 OSHA inspectors with charge over about 30 million workplaces. The chances of “seeing” an IDLH are slim to none.
May 5th, 2009 at 8:43 am
I agreed 100% with Phillips.
No company’s pay much attention to “safety”, even did not want to people be train in safety to work safely. I do not understand that.
As safety outreach trainer, I see many workers get hurt and never was taken courses or training about safety. I found this workers in WC clinics, for different occupations and they are there for negligency…because they suffer the consecuencies of bad management.
OSHA inspectors are only in top of ACCIDENTS, but very negligent before the accident happens.
Why wait to given a citation to companies, AFTER the accident and never before the accident? shall be sometimes do, but sometimes no!.
Could be preventing accidents in America, need more imput in TRAINING the work force.