Two company officials charged in the death of a pregnant teenager who collapsed of heat stroke after working in a sweltering Farmington vineyard have agreed to a plea deal that likely will spare them a trial appearance and a lengthy jail sentence.

Maria De Los Angeles Colunga and Elias Armenta of Atwater-based Merced Farm Labor originally were charged with involuntary manslaughter in the death of Maria Isabel Vasquez Jimenez, 17. She fainted in her fiancé’s arms after hours of work pruning wine grapes in 2008.

Their lawyer and prosecutors said Thursday they had reached an agreement for the pair to plea to lesser charges in early March, when the case is next set to go before San Joaquin County Superior Court Judge Michael Garrigan.

“There will be some guilty pleas, but the consequences will be bearable,” defense attorney Randy Thomas said. “Enough time has elapsed and everyone needs to move along with their lives. My clients are very, very nice people and very remorseful.”

Read more: http://www.sacbee.com/2011/01/21/3343191/plea-deal-made-in-death-of-pregnant.html#ixzz1CYrX3tNL

 

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Crosby and Overton

January 24, 2011

CrosbyOverton, Inc., Cal/OSHA App. 86-339.

The first definition for “practicable” in Webster’s New World Dictionary (3rd college ed. 1989) p. 1058, is, “that can be done or put into practice; feasible.” And, in Crosby & Overton, Inc., Cal/OSHA App. 86-339, Decision After Reconsideration (Dec. 2, 1987) the employer challenged section 5208(c)(1)3 [working asbestos wet] on the ground that by requiring employers to work asbestos wet “insofar as practicable”, it imposed a vague and ambiguous standard.

3 US v.Crosby 6. Overton, No. CR-74-1832-F (SD, Cal. Feb. 24, 197

1975, the U.S. Supreme Court held that the president of …. Crosby and Overton.” The officers of the corporation were personally aware of the assignment

 

Four years of probation with implementation fo safety programs.

 

Turcon Co.

January 16, 2011

United States v. Turcon Co., Cr. No. 72-0-239 (D. Neb. Jan. 24, 1974). (president acquitted by jury; corporation fined $5000)

Improper use of an air compressor for air supply.

I cannot find anything else.

Mark Atkins (Jan. 1996) (guilty plea: $ 1000 fine, $ 2,344 reimbursement of government expenses, one year probation);

http://www.ipsn.org/court_cases/employment_related_crimes.htm

http://www.oshrc.gov/decisions/pdf_1993/91-3177.pdf

I cannot find the court decision, but Mr. Atkin pleaded guilty for coercion resulting from this OSHA case.

http://www.paintsquare.com/news/article_news.cfm?id=4849

Two St. Louis masonry contractors have been ordered jailed for repeatedly failing to comply with court sanctions enforcing citations by the Occupational Safety and Health Administration.

Two St. Louis masonry contractors have been ordered jailed for repeatedly failing to comply with court sanctions enforcing citations by the Occupational Safety and Health Administration.

Brian Andre, former owner of Andre Tuckpointing and Brickwork, and Regina Shaw, owner of Andre Stone & Mason Work Inc., the successor company to Andre Tuckpointing and Brickwork, were arrested Tuesday (Dec. 28), OSHA reported.

The Eighth Circuit Court of Appeals in St. Louis ordered the arrest and incarceration after Andre and Shaw allegedly failed to comply with sanctions ordered by the Eighth Circuit Court of Appeals, following the court’s initial ruling of contempt against the two in January 2010.

Citations Date to 2003

The OSHA citations had become final orders of the Occupational Safety and Health Review Commission, an independent agency that adjudicates disputed OSHA cases.

“Employers who expose workers to hazards and blatantly ignore OSHA citations will not be allowed to escape their responsibility of keeping workers safe—or sanctions levied against them for failing to do so,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, MO.

OSHA has issued numerous citations since June 2003 to both the original company and its successor, for willful, repeat and serious violations related to fall hazards, scaffolding erection deficiencies, power tool guarding, and other hazards in connection with multiple St. Louis-area projects.

When the companies failed to comply with the court’s 11(b) order enforcing the OSHRC’s final orders, the Labor Department’s Office of the Solicitor filed petitions for contempt.

As a result, a special master of the Eighth Circuit Court of Appeals found Andre, Shaw and Andre Stone & Mason Work in contempt.

$258,582 in Penalties, and Counting

The court ordered various sanctions, including payment of outstanding penalties, which are continually accruing interest and other miscellaneous fees that currently total $258,582.

In addition, the company and Shaw must pay a $100 daily penalty, calculated from the time of default in early 2008 on the Review Commission’s final orders. The company must also provide OSHA weekly notification of all current jobs and known future jobs at least 72 hours before commencement of work for three years. Finally, the company must provide training to all workers now and later designated as jobsite “competent persons” before beginning any work and must provide the department with records of such training.

No other details were available from OSHA on Wednesday (Dec. 29), and neither Andre nor Shaw could be reached for comment.