As an employer, it's essential to understand that maintaining a safe workplace is not only a legal and ethical obligation, but it also makes good business sense. In addition to preventing accidents, injuries, and fatalities, prioritizing safety in the workplace can reduce costs associated with insurance premiums, workers' compensation claims, lawsuits, and even criminal prosecution.

It's important to recognize that workplace accidents and injuries can have severe consequences for both employees and employers. Accidents can lead to lost productivity, downtime, and increased healthcare costs, which can negatively impact a company's bottom line. Additionally, accidents can harm a company's reputation and even lead to legal repercussions, including fines, penalties, and criminal charges.

The recent cases involving Meeder Equipment Company and D&D Construction Specialties, Inc. in California highlight the importance of taking safety seriously in the workplace. In these cases, the companies were cited for serious safety violations and faced criminal prosecution after workers' deaths related to confined spaces. These tragic incidents serve as a stark reminder that failing to prioritize safety can have devastating consequences, including loss of life.

In one case, Meeder Equipment Company was cited $272,250 for serious safety violations after a worker suffocated in a 10,000-gallon propane gas tank. The company was found to have failed to follow confined space requirements, did not provide employees with safety training or respiratory equipment, and did not have an emergency rescue plan. The violations included a willful and serious violation, which is cited when evidence shows that the employer knowingly violated the law or took no reasonable steps to address a known hazard.

In a separate case, D&D Construction Specialties, Inc. faced criminal prosecution for the 2016 death of a worker who lost consciousness and fell 15 feet while cleaning a 50-foot-deep, 48-inch-wide drainage sump. The company's president, Daniel T. Moore, was convicted of a felony for violating Labor Code section 6425 and was ordered to pay a $100,000 fine, including restitution to the victim's family, and complete OSHA training. These cases highlight the importance of taking safety seriously in the workplace, as the consequences for not doing so can be severe, including citations, criminal prosecution, fines, and even death.

In addition to the tragic loss of life, here is a summary of the consequences faced by the respective companies:

• Meeder was cited a combined $272,250 for serious safety violations.

• Meeder was also referred for criminal prosecution.

• Meeder’s violations include one categorized as serious and willful.

• The District Attorney's office filed a felony criminal complaint against D&D.

• Cal/OSHA’s Enforcement branch issued citations to D&D, including a serious accident-related citation for failure to conduct a hazard inspection before this work was performed.

• The president of D&D, Daniel T. Moore, was charged with involuntary manslaughter under Penal Code section 192(b), and two counts of willful violation of an occupational safety or health standard under Labor Code section 6425(a).

• Moore was convicted of a felony for violating Labor Code section 6425.

• Moore was ordered to pay a $100,000 fine, which included $22,000 to the victim's family and $15,000 to BOI, one year of formal probation, and completion of OSHA training.

ESM INSITE, as a risk management company, understands that creating a safe workplace requires a proactive approach. Employers should identify potential hazards, implement safety protocols and procedures, and provide appropriate training and equipment for employees. Regular safety audits and inspections can also help identify and address potential safety risks before accidents occur.

Don't wait until it's too late to ensure your workplace is safe for employees. If you need help, our risk expert team can help your company proactively identify and address potential hazards to help prevent tragedies like these from occurring in your workplace.

Citation:

California Department of Industrial Relations. (2023, April 19). Cal/OSHA Cites Equipment Company, Refers Construction Company for Criminal Prosecution Following Confined Space Deaths [News release]. Retrieved from https://www.dir.ca.gov/DIRNews/2023/2023-32.html