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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151
The death of a construction worker has prompted a federal
grand jury in Ohio to return indictments against an Indiana-based steel
erection contractor and its supervisor, the Department of Justice announced
today. The indictments come on the heels of an accident investigation by the
Occupational Safety & Health Administration (OSHA).
The four-count indictment was returned against LeMaster
Steel Erectors, Inc., Elkhart, Ind. The indictment charges LeMaster with
willfully violating fall protection regulations at a construction site in
Mason, Ohio. The indictment also charges LeMaster Steel with three counts of
obstruction of justice, and its construction supervisor with two counts of
obstruction of justice.
"All workers have a right to a safe workplace," said Labor
Secretary Alexis M. Herman. "That must be a priority above all else. When
employers don't adhere to that priority, tragedy can result. In this case, a
worker died because of alleged willful violations to existing standards, and
the company now faces criminal prosecution. All of this could have been avoided
if proper safety and health practices had been in place."
A site foreman pled guilty yesterday to making false
statements to OSHA investigators, according to Sharon J. Zealey, U.S. Attorney
for the Southern District of Ohio.
On Aug. 9, 1996, an employee of LeMaster Steel fell 28 feet
to his death during a metal roof decking operation. OSHA's investigation into
the fatality revealed that five employees were, at different times, working at
the edge without required fall protection. OSHA cited the company on Jan. 30,
1997 for two alleged willful violations for lack of fall protection, and
proposed a total penalty of $140,000. OSHA then referred the case to the
Justice Department for possible criminal prosecution.
The indictment alleges that LeMaster Steel, through the
actions of its site foreman, obstructed justice by falsely stating to OSHA
investigators that fall protection was in place prior to the accident. The
company, and its supervisor, were also charged with two counts of obstructing
justice by intentionally instructing witnesses to withhold information about
the lack of fall protection.
"The indictments returned today in Ohio emphasize the
importance of worker safety in this country," said Charles N. Jeffress, OSHA
Administrator. "We want to assist employers in providing that safety for their
employees. However, during the course of our investigations, we will not
hesitate to refer a case to the Department of Justice for possible criminal
prosecution, if we believe it's warranted. That is precisely what occurred with
LeMaster Steel."
LeMaster Steel has multiple steel erection sites in the
Midwest with an estimated total employment of approximately 100 workers, 12 of
whom worked at the Mason, Ohio site. Following the criminal investigation, the
company closed the Ohio branch of operations; however, the company still
performs construction work in the area.
Falls are the leading cause of worker fatalities in the
construction industry. Each year, approximately 150-200 workers are killed, and
more than 100,000 are injured as a result of falls at construction sites.
Current fall protection standards have performance-oriented requirements which
make it simpler for employers to provide workers necessary protection. Under
the standard, employers are able to select fall protection measures compatible
with the type of work being performed. Fall protection generally can be
provided through the use of guardrail, safety net, personal fall arrest,
positioning device, and warning line systems, among others.
Archived News Release--Caution:
information may be out of date.
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