May 28, 2024

General Contractor And Real Estate Developer Plead Guilty In Connection With Worker Death On Construction Site In Poughkeepsie | USAO-SDNY

General Contractor And Real Estate Developer Plead Guilty In Connection With Worker Death On Construction Site In Poughkeepsie | USAO-SDNY

Damian Williams, the United States Attorney for the Southern District of New York, announced now that ONEKEY, LLC, a New Jersey design firm, and its principal, FINBAR O’NEILL, pled responsible to willfully violating Occupational Basic safety and Health Administration (“OSHA”) restrictions, resulting in the loss of life of a building employee (“Victim-1”) in Poughkeepsie, New York, on or about August 3, 2017.  The defendants pled responsible prior to U.S. Justice of the peace Judge Paul E. Davison, to whom the scenario is assigned.  The defendants are scheduled to be sentenced on May well 12, 2023.

U.S. Lawyer Damian Williams mentioned: “Onekey, a design enterprise, and its principal, Finbar O’Neill, endangered the safety of their personnel by willfully disregarding restrictions and taking shortcuts to sidestep their protection obligations.  This carry out led to the tragic dying of a employee on a construction web page.  Today’s responsible plea really should serve as a reminder to all corporations that failure to comply with protection laws endangers their staff and unfairly down sides organization that are following the rules, and this Business will hold you accountable.”

In accordance to statements and filings in federal courtroom:

In 2017, ONEKEY and O’NEILL applied a soil compaction approach at a building website at 1 Dutchess Avenue in Poughkeepsie.  The soil compaction program associated piling significant portions of dust, known as “surcharges,” on prime of the web sites of a few upcoming properties.  An engineering company created a plan for the use of the surcharges.  ONEKEY and O’NEILL did not observe this prepare.  As a substitute, they designed a wall to maintain back again just one of the surcharges, so personnel could get started out on the structures subsequent to it.  ONEKEY and O’NEILL did not seek the advice of with any certified person to see if the wall could endure the body weight to be placed on it by the surcharge. 

When individuals ended up doing the job future to the wall, ONEKEY saved utilizing design machinery to add grime to the surcharge pressing up from the wall.  The men and women working in close proximity to the wall were not warned about the potential risks it established.  ONEKEY and O’NEILL listened to from persons doing the job at the site that the wall was not protected.  They did not correct the wall.

On August 3, 2017, personnel complained that construction equipment ended up driving on major of the surcharge, including dust to it.  Later on that day, the wall collapsed.  As it fell, Victim-1 ran away from the wall, but he could not get absent in time and was killed.

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ONEKEY, LLC, a New Jersey corporation, pled responsible to one depend of willful violation of OSHA laws ensuing in dying.  The foregoing count carries a most great of $500,000.  FINBAR O’NEILL, 57, of Paramus, New Jersey, pled responsible to a single of count of willful violation of OSHA laws ensuing in demise.  The foregoing rely carries a maximum sentence of 6 months in prison and a most fine of $250,000.  

The maximum opportunity penalties in this circumstance are approved by Congress and are furnished in this article for informational reasons only, as any sentencing of the defendants will be determined by a decide.

Mr. Williams praised the superb work of OSHA and the Office of Labor, Office of the Inspector General (“DOL-OIG”).

The case is remaining managed by the Office’s White Plains Division.  Assistant U.S. Lawyers Steven J. Kochevar and Stephanie Simon are in cost of the prosecution.