Owners Charged with 22 Count Indictment for Falsifying OSHA Documents

Omaha, NE – In a 22-count indictment, Nebraska Railcar Cleaning Services and its co-owners have been charged with falsifying OSHA documents and other federal worker safety violations which prosecutors say resulted in the deaths of two men in an April 2015 Omaha confined space accident.

The president of Nebraska Railcar Cleaning Services (NRCS), Stephen Michael Braithwaite, and co-owner Adam Thomas Braithwaite, are charged with submitting false documents to a federal agency and violating the Resource Conservation and Recovery Act. Adam Braithwaite also is charged with perjury, according to the federal indictments.

An explosion killed two NRCS workers and injured a third on April 14, 2015 as they were clearing a rail tanker. NRCS tested the rail cars following the explosion and found the contents to be hazardous. U.S. Attorney Joseph Kelly alleges the Braithwaites and NRCS failed to implement worker safety standards, and then tried to cover up those shortfalls following the explosion.

Acting Assistant U.S. Attorney General Wood stated that “protecting the health and safety of American workers at hazardous job sites is of paramount importance…The defendants in this case failed to live up to that responsibility, even falsifying documents to evade worker safety requirements. Tragically, employees at the defendants’ facility lost their lives while working in these unsafe conditions.”

Dallas Foulk and Adrian LaPour died in the 2015 confined space accident.

Aurora LaPoure, Adrian LaPoure’s mother, said her family feels a bit of relief, after hoping for justice all this time: “They violated a lot of codes, they did a lot of wrong and they killed two people,” she said. “I feel a lot of anger because this could have been prevented. Had the company done right and followed safety rules this could have been prevented. [Adrian] would still be here.”

Robert LaPoure, Adrian’s brother, hopes to see Stephen and Adam Braithwaite convicted: “I’m glad that something is finally being done. They’re going to be held accountable and hopefully justice will prevail,” he said.

OSHA regulations require air in confined spaces, like inside rail tankers, be tested for various gases including flammable and explosive fumes. According to the indictment, Stephen Braithwaite turned away federal safety inspectors in March 2015 and created documents to falsely show that NRCS had been purchasing equipment to test rail cars for the presence of benzene. The company was required to do this before sending rail cars to a landfill, but the indictment alleges that NRCS failed to do so.

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Flooring Company Accused of Concealing Production Line, Facing nearly $250K in Fines

Norfolk, NE – MP Global Products LLC faces $244,000 in fines and has been placed on OSHA’s severe violator list after allegedly concealing an entire production line and possibly a group of employees during an OSHA inspection.

OSHA Investigators said they found several machines throughout the facility that lacked safety guards, exposing workers to potential injury. They also said they found numerous electrical safety hazards, including exposed electrical wires and damaged electrical boxes

MP Global Products has been cited for more than two dozen safety violations, including two willful and 22 serious violations after a 65-year-old temporary worker last spring caught his left hand in a machine, amputating one finger and severely injuring another, federal authorities said

During the investigation, the Norfolk (NE) flooring company allegedly attempted to conceal hazardous equipment and threatened workers with dismissal if they expressed safety concerns to federal inspectors. OSHA representatives were investigating an accident that resulted in the loss of a worker’s finger.

When inspectors arrived at MP Global Products LLC, the company allegedly “shut down an entire production line, turned the lights off and herded employees into the backroom where they were instructed to remain quiet during OSHA’s inspection,” Jeff Funke, OSHA’s Omaha director said. Funke alleged the company’s actions were a “willful attempt to prevent inspectors from discovering numerous machine safety violations in the plant.”

Al Collison, the company’s founder, owner and president, said the firm plans to dispute OSHA’s claims when it meets with authorities Sept. 15. “There are a lot of allegations that are not accurate,” he told The World-Herald. “That particular line was not running that day. We did not ‘herd’ people into another room. We don’t have environments dangerous to employees. We’ve been in business for 40 years.”

MP Global uses recycled materials to manufacture products for use beneath laminate, tile and hardwood flooring.

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