제  목 : CONSTRUCTION WORKER DEATH RESULTS IN CRIMINAL CHARGES
  일  자 : 1998년 08월
  제공처 : Internet

 CONSTRUCTION WORKER DEATH RESULTS IN CRIMINAL CHARGES
 AGAINST INDIANA STEEL CONTRACTOR AND SUPERVISOR
 ======================================================

  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.