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Company Will Pay Fines to Settle Construction Death

January 25, 2006

A Michigan construction company will pay penalties to settle charges that it violated worker-safety standards causing the death of an employee, according to a January 25 report in the Bay City Times.Right Rail Inc. will pay more than $40,000 in fines and plead no contest to a felony charge of failing to maintain an accident prevention program, causing death.Richard Green, a Right Rail employee, received a lethal shock while operating a boom truck that made contact with an overhead power line on highway M-65 in November 2002. The judge found that Right Rail willfully disregarded state safety regulations since Green had received a nonfatal electric shock while operating the boom truck just three months before he was electrocuted.In exchange for the no contest plea, the state said it would dismiss five other felony counts facing Right Rail of violating state safety standards.The plea agreement calls for Right Rail to pay a $10,000 fine and to serve one year of probation, the maximum penalty for the felony charge. The company also agrees to pay $32,480 in penalties to the state to settle claims with the Michigan Occupational Safety and Health Administration. The company also will provide additional training to employees regarding the hazards of working near power lines, the report said.
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