Former Postal Employee Convicted at Trial in Scheme to Defraud Worker’s Compensation Program Sentenced to 21 Months in Federal Prison
DALLAS —Design Plastering West LLC, a New Mexico domestic limited liability company (LLC), was sentenced today before United States District Judge Ed Kinkeade of an Occupational Safety and Health Act (OSHA) violation causing death to an employee, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas. As a part of Design Plastering West LLC’s sentencing, the company was ordered to pay a $150,000 criminal fine and $100,000 civil penalty, admit to eight willful violations of OSHA regulations, and be monitored for four years by an OSHA compliance expert.
According to court documents filed, on May 24, 2018, Design Plastering West LLC pled guilty to a one-count information.
Design Plastering West LLC, a subcontractor, contracted to complete work at the Maple District Loft, a project in Dallas, Texas. Design Plastering West LLC employed Jorge Carrion Torres to complete stuccowork. On May 14, 2015, Mr. Torres died when he fell approximately 23 feet from the third floor balcony of that project. Design Plastering West LLC admitted the third floor balcony where Mr. Torres was working did not have the proper fall protections, such as guardrail systems, safety net systems, or personal fall arrest systems. Design Plastering West LLC admitted to failing to provide fall protection and that such failure caused the death of Mr. Torres.
The investigation was conducted by Department of Labor, Occupational Safety and Health Administration. Assistant U.S. Attorney Kate Rumsey is in charge of the prosecution and was assisted by attorneys from the Department of Labor, Office of the Solicitor.
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