DECEMBER 20, 2004 – Lanzo Construction Company is expected to face sentencing at 1 p.m. on Tuesday, January 4th in Oakland County’s 6^th Circuit Court for an unprecedented MIOSHA-related criminal conviction resulting from a workplace fatality.  The Roseville company was found guilty on October 21^st by Judge Colleen A. O’Brien for the 1999 workplace fatality of Robert James Whiteye.

“This conviction sends a clear message to employers that worker safety is a priority in this state and employers will be prosecuted to the fullest extent of the law if they put workers’ health or safety at risk,” said Gov. Jennifer M. Granholm, who first brought the case when she served as the state’s Attorney General.   “This MIOSHA conviction is the first of its kind in terms of worker protection in the State of Michigan.”

The Michigan Occupational Safety and Health Administration (MIOSHA) investigated the May 24, 1999, cave-in that killed Whiteye and found that Lanzo Construction Company violated the most basic provisions of the MIOSHA trenching standard.  MIOSHA is part of the Michigan Department of Labor & Economic Growth (DLEG).

Based on provisions in the MIOSH Act, Public Act 154, as amended, every willful violation, which is connected to a fatality, is referred to the Michigan Attorney General's Office for criminal investigation and/or prosecution.  During her tenure as Attorney General, Governor Granholm began the criminal prosecution of this fatality.

“The fatality investigation revealed extremely dangerous excavation conditions,” said DLEG Director David C. Hollister.  “The Court has reaffirmed MIOSHA’s founding authority:  that employers are required by law to provide a workplace free from recognized hazards. Lanzo Construction Company willfully and recklessly sent Robert Whiteye to work in an unprotected trench–a trench that tragically claimed his life. This disgraceful conduct will not be tolerated.”

Lanzo Construction Company was convicted of the MIOSHA Willful Criminal felony violation.  This conviction is unprecedented in that three other cases were settled with guilty pleas, whereas this case involved a full criminal trial. 

The Court found that, “Defendant consciously and callously neglected to train both the hourly and supervisory personnel in its worker safety rules, which failure led to the death of Robert Whiteye.”

In her decision Judge O’Brien said, “The conduct of Defendant’s employees on the day of this fatality was, indeed, willful.  Clearly, there was no ‘justifiable excuse’ for failing to slope, shore or otherwise protect the employees within the excavation on Lake Ravine Drive.”

Since 1994, twenty Michigan workers have died as a direct result of trench collapse accidents.  Because of perceived cost considerations, some underground contractors do not take trench support seriously. They balance their budgets by subjecting their employees to dangerous work conditions.  Yet, for every dollar invested in safety and health programs, contractors can save $4 to $6 in the costs of workplace injuries and illnesses.

Lanzo Construction Company, and Vice President Angelo D'Alessandro personally, were each charged with separate counts of involuntary manslaughter and a MIOSHA Willful Criminal violation.  On Oct. 30, 2002, 46^th District Court Judge Stephen C. Cooper bound over the Company for trial on the two counts, and bound over D’Alessandro on the involuntary manslaughter count.  On April 16, 2003, Circuit Court Judge O’Brien dismissed the charge against D’Alessandro.

The state pursued the criminal action through the Attorney General’s Office because the employer contributed to the worker’s death by willfully ignoring safety standards.  Thomas Cameron, Assistant Attorney General with the AG’s Criminal Division, prosecuted the case.  Diane K. Phelps, Director of the MIOSHA Appeals Division, worked side by side with Cameron, providing technical and legal assistance on MIOSHA rules and standards interpretation.

The conviction carries a maximum penalty of $10,000, and a maximum jail term of one year. 

Accident Information & MIOSHA Investigation

On May 24, 1999, a crew from Lanzo Construction Company was installing sewer pipe when a cave-in occurred on Lake Ravines Drive in Southfield. Robert James Whiteye, 52, a pipe layer, was pronounced dead at the scene after rescuers worked for several hours to extricate him from the trench. The fatality occurred in an area of the excavation that was approximately 18 feet deep, with vertical walls, and without any protection to guard against cave-ins.

Trench sloping and support systems are required by Part 9 of the MIOSHA construction standards. MIOSHA developed its own excavation standard in 1979, and it was last amended in 1996. This company violated even the most basic provisions of this standard. Three MIOSHA construction compliance officers were involved in the accident investigation. The investigation was lengthy and complicated by further complaints of hazardous exposures to Lanzo employees on this project, the difficulty of interviewing witnesses living in Canada, and legal consultations.

The investigation revealed that Lanzo Construction knew of the substantial risk of injury to employees engaged in trenching work, and failed to provide trenching support to prevent injury to their employees. Company officials were at the job site and made no effort to protect their employees. Additionally, they failed to furnish Whiteye a place of employment free from recognized hazards that were likely to cause death or serious physical harm.

Early news accounts of the accident indicated that Whiteye was protected by a trench box and stepped out of it for some reason. However, the MIOSHA inspection revealed that the trench was at least 18 feet deep, but only the top eight feet were protected by a trench box. In addition, Lanzo officials ordered the width of the trench box reduced from eight feet to four feet wide. Because a five-foot-wide manhole was being installed, no cave-in protection was provided to Whiteye at the point of installation. At the time of the accident, Whiteye was required to work outside of the trench box.

On March 2, 2000, 30 citations for civil violations of the Michigan Occupational Safety and Health Act were hand delivered to Lanzo Construction Company, including: 12 alleged willful serious violations, 12 alleged serious violations and six alleged other-than-serious violations. Six of the 12 alleged willful violations relate directly to the fatality. The proposed penalties totaled $657,500. Lanzo has appealed the 30 civil citations resulting from this incident, and the MIOSHA administrative appeal concerning the civil violations has been held in abeyance until the conclusion of the criminal case.

(Following is Summary of Violations from the fatality investigation.)