James J McCullagh, the owner of the roofing company, James J McCullagh Roofing, was
charged with four counts of making false statements, one count of obstruction of justice, and one
count of willfully violating an Occupational Safety and Health Administration regulation causing
death to an employee. The acting OSHA regional administrator in Philadelphia, Robert D.
Kulick, issued this statement in response to the charges and indictment:
“Falls are the leading cause of death in the construction industry, and it’s no secret how critical
fall protection is to saving worker’s lives. OSHA cited James J. McCullagh for not protecting his
workers and not providing a safe work environment. We are hopeful that this indictment will
lead to accountability for this unnecessary and totally preventable workplace fatality, and most
importantly, that his family will finally see justice,” said Robert D. Kulick, acting OSHA
regional administrator in Philadelphia. “Employers who fail to fulfill their legal responsibilities
to provide safe and healthy workplaces, who provide false statements to OSHA, and who coerce
their employees to provide false statements will be prosecuted to the fullest extent of the law.”
This is an unfortunate case which reminds us all that occupational safety and hazard deficiencies
are not just a potential liability from a safety and fine standpoint, but that employers can, and do,
go to prison for severe violations of neglect. And in some cases, the owners may not be the ones
who even created the plans. But if you own a business, you are putting your name and reputation
on the line and it is important to have adequate occupational safety and health policies and
procedures.
If you have any questions about your occupational safety and health policies and procedures,
please contact us. If you have anything to add about this indictment, please leave a comment.
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