The order was issued by the U.S. Court of Appeals for the 7th Circuit after the Occupational Safety and Health Administration (OSHA) issued penalties in 2013 for exposing workers to excavation hazards at a Des Plaines worksite. The owner of the company was held for 23 days in federal jail in December 2014 after violating a court enforcement order. The owner was released on a $10,000 recognizance bond. The court order vacates the bond, but permits OSHA to enforce a collection action to recover $110,440 in penalties.

Nick Walters, OSHA regional administrator in Chicago, said that the agency will pursue all avenues to uphold the law against employers who violate safety standards.

The 2013 penalties stemmed from an OSHA inspection in October 2012. The agency said that the owner of the company was uncooperative and refused to acknowledge that any violations had occurred. Excavation and trenching operations can expose workers to hazards such as asphyxiation, cave-ins, drowning, fire, being struck by machines or equipment or coming into contact with underground utility lines.

Paul Greenberg is a Chicago work accidents lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The scrap metal recycling facility is owned by Behr & Sons, which has been cited for previous safety violations at its facilities in Illinois and Iowa. However, despite that pattern, OSHA had never inspected the facility where the worker died until after the incident in March.

OSHA said in a press release that the company has now been deemed a severe violator and will be subject to additional inspections. According to OSHA, the company has shown a pattern of neglecting worker safety and requires a “culture change.”

However, OSHA’s budget has been cut significantly over the years. Statistics show that in 2011, there were not as many OSHA inspectors as there were in 1981, despite the fact that there were twice as many workplaces to inspect.

According to OSHA regional administrator Nick Walters, Behr & Sons let the conveyor belt run at unsafe times because it increased efficiency.

Bob Briskman is a workers compensation lawyer in Chicago and work injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.