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Michigan Attorney General Mike Cox: Right Rail, Inc. Convicted of Causing Employee Death, Fined $10,000, and Sentenced to Probation

26 February 2006

Attorney General Mike Cox announced today the conviction and sentencing of Right Rail, Inc., a guardrail installation company in Mio, Michigan, on one count of Michigan Occupational Safety and Health Administration (MIOSHA) Violation Causing Employee Death.


"Michigan workers should trust that their workplace is safe," said Cox. "Employers are responsible for protecting their workers. Willful violations of the law will not be tolerated."


Right Rail employee Richard Green of Mio, Michigan, was killed while installing a guardrail south of Hale along M-65 in November 2002. A boom truck operated by Green came in contact with an energized electric line, electrocuting Green. In September 2002, Green had a nearly identical incident happen to him when his boom truck touched an electric line, resulting in a shock to Green that required hospitalization. Following the first episode, Right Rail failed to develop, maintain, and coordinate with its employees an accident prevention program.


In January 2006, Right Rail pled no contest in the Iosco County Circuit Court to the charges. On Thursday, February 23, 2006, Circuit Court Judge Ronald M. Bergeron sentenced Right Rail to the maximum fine of $10,000.00 and placed the company on probation for two years. In addition to the criminal fine, Right Rail will pay $32,480.00 in penalties for MIOSHA citations arising from the same tragic episode. The company has also agreed to provide training for its employees and will be strictly monitored by MIOSHA.


The conviction of Right Rail marks the second time in the past 13 months that the Attorney General's office has secured a felony conviction for a MIOSHA Violation Causing Employee Death.

Source: prnewswire


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