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Company Pleads No Contest
to the Felony Charge of a MIOSHA Violation Causing Death and
Agrees to Pay $10,000 Fine
Company's Criminal Sentencing
Scheduled on May 31st in Oakland County
On April 19, 2007, in Oakland
County Circuit Court, a St. Clair Shores company, pled no contest
to the felony charge of a MIOSHA violation causing death, for
the workplace fatality of Jeffrey Padot. The Michigan Occupational
Safety and Health Administration (MIOSHA) is part of the Michigan
Department of Labor & Economic Growth (DLEG).
"Their employee Jeffrey
Padot worked unprotected in an eight-foot trench that collapsed
and killed him," said DLEG Director Keith W. Cooley. "Employers
will be held accountable for their actions. If the company had
provided adequate safeguards and fulfilled their obligation to
provide a safe work environment for their employees, this tragedy
could have been prevented."
The MIOSHA Program investigated
the cave-in and found that the company violated the most basic
provisions of the MIOSHA trenching standard. On April 23, 2006,
the company was digging an excavation of a new sewer line in
Addison Township. Padot and another employee were laying sewer
pipe in an unprotected excavation approximately eight feet deep,
with sides that were nearly vertical.
The MIOSHA investigation
revealed that the company had at least three non-fatal trench
cave-in incidents within two months prior to the fatal cave-in
that took place on April 23rd. To ensure worker safety at excavations
more than five feet deep, walls must be sloped or shored, or
trench shields or boxes must be used, to prevent serious injuries
or fatalities.
On December 18, 2006, MIOSHA
cited the company with $103,600 in proposed penalties for allegedly
failing to adequately protect employees from trenching and excavation
hazards. The company received a combined total of three alleged
willful violations with a proposed penalty of $99,400; and two
alleged serious violations with a proposed penalty of $4,200.
Based on provisions in the
MIOSH Act, Public Act 154, as amended, every willful violation,
which is connected to a fatality, is referred to the Michigan
Attorney General's Office for criminal investigation and/or prosecution.
On December 19, 2006, Attorney General Mike Cox announced that
charges were filed against the company.
A pretrial was held on April
19, 2007, at which the company pled no contest and agreed to
pay the maximum criminal fine of $10,000. Sentencing is scheduled
for May 31, 2007, in Oakland County Circuit Court.
Source: MIOSHA News Release 5/14/07
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