제  목 : CONSTRUCTION WORKER DEATH RESULTS IN CRIMINAL CHARGES
  일  자 : 1998년 07월
  제공처 : Internet

         FOREMAN PLEADS GUILTY TO MAKING FALSE STATEMENTS

    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 Justic 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.