Lying to OSHA can be costly –Employer faces prison, $1.5M fine
Sixty-year-old James McCullagh, owner of James J. McCullagh Roofing in Meadowbrook, PA, is charged by indictment with four counts of making false statements, one count of obstruction of justice, and one count of willfully violating an OSHA regulation causing death to an employee. The consequences of the employer’s alleged actions have brought a possible maximum 25 years prison sentence, and over $1.5 million in fines.
The U.S. Department of Labor, Office of Inspector General Labor Racketeering and Fraud Investigations, as well as OSHA investigated the case. An Assistant U.S. Attorney will handle the prosecution.
The Fatality
According to the indictment, McCullagh failed to provide fall protection equipment to his employees. On June 21, 2013, one of McCullagh’s employees was killed after falling approximately 45 feet from a roof bracket scaffold while performing roofing work for McCullagh.
The Alleged Deception
On four occasions, McCullagh attempted to cover up his failure to provide fall protection by falsely stating he had provided fall protection equipment, including safety harnesses, to his employees. McCullagh told an OSHA Compliance Officer his employees had been wearing safety harnesses tied off to an anchor point when he saw them earlier in the day prior to the fall.
The indictment alleges that McCullagh knew he had not provided fall protection to his employees and none of his employees had safety harnesses or any other form of fall protection. It is further alleged that McCullagh directed other employees to falsely state they had fall protection, including safety harnesses, on the day of the fall.