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Office of the District Attorney, Tony Rackauckas, Orange County DA
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Worker Safety Violations

An employer, working up against a deadline, encouraged his escalator repairmen employees to not use a lock out device on electrical equipment when repairing an escalator at the Orange County Superior Courthouse. By not locking out the system, the employees could more quickly repair a stalled escalator, which would subsequently free them up to work on other jobs and comply with the deadline requirements.  While exiting one portion of the machine, an employee inadvertently bumped the “on” switch which triggered the machine to dislodge, trap and kill his co-worker. The defendant Corporation and supervisors entered into a $1 million fine and a settlement agreement on the civil prosecution with reimbursement to the decedent’s family, continual expenditures for safety training, and a permanent injunction requiring OSHA regulation compliance.


 

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