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.