Vol. 5 / No. 11 |
November 1998 |
After an investigation by the Occupational Safety and Health Administration (OSHA), the case was referred to the department of Justice for criminal prosecution.
"The sentence handed down in this case carries a strong and clear message that unsafe and unhealthy working conditions will not be tolerated in this country," said Secretary of Labor Alexis M. Herman. " An employee of C&S Erectors died because his employer willfully violated the law. No one should have to sacrifice his life to earn his livelihood."
Judge J. Andrew Smyser of the US District Court in Harrisburg, PA, ordered Stoops to pay $6,000 in restitution to Smith’s estate to cover funeral expenses. Stoops will be on a one-year supervised release program. C&S Erectors, Inc. was also sentenced to one year of probation and was held jointly liable for the restitution.
"The fact that the court sentenced Mr. Snoops to prison demonstrates how egregious his actions were," said Charles N. Jeffress, assistant secretary of labor for occupational safety and health. "Let this be a warning to employers who flaunt the law that when warranted OSHA will seek criminal penalties for willful violations."
According to OSHA records, C&S Erectors engaged in several unsafe practices at the Jonestown worksite, and prior to Smith’s accident, the project’s general contractor warned Stoops and the company several times about hazards, including the failure to provide fall protection. The company had a substantial history of OSHA violations.
OSHA’s investigation resulted in citations being issued against the company in October 1996 for willful, egregious violations of safety and health standards, with proposed penalties totaling $396,200. The citations were appealed to the Occupational Safety and Health Review Commission, which has stayed this case pending the outcome of the criminal investigation.
As employers we need to be ever mindful of this type of legal action that could be brought against our company and us. "The buck stops here", in this case is not good news. If our supervisors have not received the proper training or chose to ignore company policy. If care is not given to the safety of our employees, the rules and regulations of OR-OSHA, and the other governing authorities we could very easily lose our valuable employees and our freedom. Don’t get the "jail house blues"!
THE FOLLOWING IS A TEST:
Answers
Annual Agricultural Safety Seminars Scheduled By SAIF Corporation
SAIF Corporation is excited to be offering its 4th annual agricultural safety seminar series for Oregon employers. The 4-hour seminar will be presented at 12 locations throughout the state. Registration and continental breakfast will begin at 7:30 a.m. and begin at 8 a.m. This seminar is free to SAIF policyholders. Non-SAIF policyholders will be charged $10 per person. Early registration is recommended. For more information contact the SAIF Groups Division at 1-800-285-8525.
Topics include (agricultural safety rules and procedures
required by HB 3019):
* New OSHA Agriculture Code * Back Injury
Prevention * Behavior Based Safety * Accident Analysis *
Dates & Places are:
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AOSC Personnel Management Seminar
Thursday, December 10, 1998 Sweetbrier Inn
8:30 a.m. Registration
Tualatin, OR
9 a.m. to noon (Exit #289 off I-5)
Leaders:
Regina Hauser & Karen O’Kasey
Schwabe, Williamson, & Wyatt
Topics:
Enclosed is my check for $___________ (Members -- $65; Non-members -- $85)
Name: ____________________________________________________
Company: _________________________________________________
Address: __________________________________________________
Phone: _____________
Make Checks Payable to:
Associated Oregon Services Corporation (AOSC)
1149 Court St NE
Salem OR 97301