PHILADELPHIA - James J. McCullagh, 60, of Meadowbrook,
PA, was charged by indictment, unsealed today, in connection with the fatal
fall of an employee, announced United States Attorney Zane David Memeger. McCullagh, who owns James J. McCullagh
Roofing, is charged with 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 (OSHA) regulation causing death to an
employee.
According to the indictment, McCullagh failed to provide
fall protection equipment to his employees. On June 21, 2013, one of
McCullagh’s employees was killed after falling approximately 45 feet from a
roof bracket scaffold while performing roofing work for McCullagh. In connection with the OSHA investigation of
the fatality, McCullagh attempted to cover up his failure to provide fall
protection by falsely stating, on four occasions, that he had provided fall
protection equipment, including safety harnesses, to his employees. McCullagh told an OSHA Compliance Safety and
Health Officer that his employees had been wearing safety harnesses tied off to
an anchor point when he saw them earlier in the day prior to the fall. The
indictment alleges that McCullagh knew that he had not provided fall protection
to his employees and none of his employees had safety harnesses or any other
form of fall protection. It is further alleged that McCullagh directed other
employees to falsely state that they had fall protection, including safety
harnesses, on the day of the fall.
If convicted, the defendant faces a maximum sentence of
25 years in prison, three years of supervised release, $1.5 million in fines,
and a $510 special assessment.
The case was investigated by the United States Department
of Labor, Office of Inspector General Labor Racketeering and Fraud
Investigations and the Occupational Safety and Health Administration and is
being prosecuted by Assistant United States Attorney Mary Kay Costello.
An Indictment is an accusation. A defendant is presumed innocent unless and
until proven guilty.
Source: Justice.gov
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