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Date: 09-27-2019
Case Style:
United States of America v. Hultgren Construction, LLC
Case Number: 4:19-cr-40080-KES
Judge: Karen E. Schreier
Court: United States District Court for the District of South Dakota (Minnehaha County)
Plaintiff's Attorney: Jeremy R. Jehangiri
Defendant's Attorney:
Call 888-354-4529 if you need help finding a willful violation of the Occupational, Safety, and Health Act (OSHA) lawyer in Sioux Falls, South Dakota.
Description:
Sioux Falls, SD - Hultgren Construction, L.L.C. Pleads Guilty in Federal Court for Willful Violations Related to Building Collapse & Death of Employee
Hultgren Construction, L.L.C., of Sioux Falls, SD, appeared in federal court and pleaded guilty to Willful Violation of the Occupational, Safety, and Health Act Causing Death to an Employee.
According to court documents, on December 2, 2016, Hultgren Construction, L.L.C., an employer under the provisions of the Occupational Safety and Health Act, willfully violated the standards and regulations relating to instruction and training on proper demolition methods promulgated and prescribed under the Act and said violation caused the death of Ethan McMahon.
At times relevant to this case, Hultgren Construction, L.L.C., was a company providing residential and commercial construction services throughout South Dakota, and the company employed approximately eleven (11) employees in South Dakota. On or about and at times prior to December 2, 2016, Hultgren Construction, L.L.C., the controlling and exposing employer, did not sufficiently instruct employees in the recognition and avoidance of unsafe conditions related to temporary shoring supporting a multi-story building. Employees were tasked to remove two adjoining exterior load bearing walls between the ground level and first floor. Employees were not sufficiently instructed in the means and methods for building and installing a temporary shoring system to transfer the building loads from the foundation to the shoring system. In the morning hours of December 2, 2016, an employee was fatally injured as a result of removing the last segment of the load bearing wall, thereby causing the structure to collapse.
Hultgren Construction’s acts and omissions exhibited a plain indifference to a known and obvious hazard. Hultgren Construction knowingly permitted employees to engage in demolition activities without sufficient training to ensure that a licensed engineering professional first prepared an engineering analysis to assess the structural stability of the building, including the planned temporary shoring systems.
The maximum penalties are five (5) years of probation, a $500,000 fine, or both, $50 to the Federal Crime Victims Fund, restitution, and forfeiture. This case was investigated by the Department of Labor – Office of the Solicitor, and the United States Attorney's Office.
The sentencing hearing will be held on Monday, December 16, 2019.
Charge:
29 U.S.C. § 666(e); WILLFUL VIOLATION OF THE OCCUPATIONAL, SAFETY, AND HEALTH ACT CAUSING DEATH TO EMPLOYEE
(1)
Outcome: 09/26/2019 9 Minute Entry for proceedings held before US Magistrate Judge Veronica L. Duffy: Initial Appearance as to Hultgren Construction, L.L.C. held on 9/26/2019, Arraignment as to Hultgren Construction, L.L.C. (1) Count 1 held on 9/26/2019 Plea Entered: Not Guilty. (Court Reporter: Connie Heckenlaible) (JLS) (Entered: 09/26/2019)
09/26/2019 10 Minute Entry for proceedings held before U.S. District Judge Karen E. Schreier: Change of Plea Hearing as to Hultgren Construction, L.L.C. held on 9/26/2019. Plea Entered: Guilty Counts: 1. (Court Reporter: Connie Heckenlaible) (JLS) (Entered: 09/26/2019)
09/26/2019 11 SENTENCING SCHEDULING ORDER as to Hultgren Construction, L.L.C.. Sentencing set for 12/16/2019 at 10:00 AM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 9/26/19. (JLS) (Entered: 09/26/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: