January 21, 2005 – On Oct. 21, 2004, Lanzo Construction Company was found guilty by Judge Colleen A. O’Brien of a MIOSHA felony in the 1999 workplace fatality of their employee, Robert James Whiteye.  This landmark criminal case in workplace safety was first brought by Governor Jennifer M. Granholm as Attorney General.

On Jan. 5, 2005, Judge O’Brien handed down the sentence in Oakland County 6^th Circuit Court against Lanzo Construction Company.  The company received two year’s probation and the maximum statutory penalty of $10,000 for the MIOSHA felony.

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).

“Workers have a right to go home healthy and whole every day.  This is the basic tenet of the MIOSHA program,” said DLEG Director David C. Hollister.  “Lanzo Construction Company has habitually and recklessly placed their workers in harm’s way.  This sentence sends a message to all companies that there are serious consequences for employers who refuse to protect their workers.”

Judge O’Brien named Quirino (Gary) D’Alessandro, Sr., president and major shareholder of Lanzo Construction Company, as the responsible party for the corporation throughout the two-year probation.  He must file a written report with the court every month stating that they are in compliance with the conditions of probation and that they have not violated any state or federal laws.  Specifically, they must advise the court of any notice of MIOSHA violations at the time the citations are issued.

In her Oct. 21^st 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.”

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.

In addition to the statutory penalty of $10,000, Lanzo must also pay a $60 crime victim fee, $3,240 in court supervision fees, and $600 in court costs.

MIOSHA Civil Case

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.

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.

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.

Now that the criminal case has concluded, MIOSHA will pursue the civil case.  In addition to the Whiteye fatality, there are 10 outstanding cases (subsequent to the fatality) that are in the MIOSHA appeal process, with 115 proposed violations and $573,977 proposed penalties.  Total proposed penalties, including the Whiteye fatality, for Lanzo exceed $1.2 million.  (See attached history.)

 (For details on the conviction and a Summary of Violations from the fatality investigation, please see the DLEG 12/20/04 press release.)

MIOSHA History
Present to May 24, 1999

Lanzo Construction Company
28135 Groesbeck Highway
Roseville, Michigan 48066