SAN JOSE, Calif.
Aug. 3, 2015 /PRNewswire-USNewswire/
Cal/OSHA's criminal investigation into the January 2012 cave-in death of a 36-year-old day laborer in Milpitas has resulted in prison for his employer and project manager.
Santa Clara County Superior Court Judge William J. Monahan last Friday sentenced Richard Liu, owner of U.S Sino Investment, and project manager Dan Luo to two years in prison for involuntary manslaughter.
On January 28, 2012, Raul Zapata was installing a concrete foundation for a retaining wall at a residential construction site on Calaveras Ridge Drive in Milpitas.
The 12-foot high excavation wall collapsed, burying him alive. He died
before rescue workers arrived. The death came three days after a city of
Milpitas building inspector issued a stop-work notice to Luo for failure to provide shoring on the excavation.
"California employers must provide workers with the necessary protection and training so they can do their jobs safely," said Christine Baker,
Director of the Department of Relations (DIR). "When our investigations
uncover negligent behavior by employers, we exercise our full
jurisdiction to protect workers – including referrals to district
attorneys for prosecution." Cal/OSHA is a division in DIR.
Cal/OSHA's
investigation determined that at the time of the incident, neither the
victim nor other employees were wearing any head protection. Also, the
excavation wall had not been shored up as required by law. Furthermore,
the employer did not have a competent person for excavation on the
jobsite to ensure that the wall was installed according to Cal/OSHA
rules. Finally, Cal/OSHA noted that the employer had no workers'
compensation insurance at the time of the incident.
"When preventable deaths occur on the job, employers must be held accountable," said Cal/OSHA Chief Juliann Sum. "Cal/OSHA worked closely with the Santa Clara District Attorney to ensure that criminal behavior in the workplace is addressed."
Cal/OSHA's civil investigation resulted in the issuance of six citations with penalties totaling $168,175 on June 12, 2012, including five citations for serious violations.
Cal/OSHA's
Bureau of Investigations (BOI) is responsible under Labor Code section
6315 for investigating worker fatalities and serious injuries, and for
preparing and referring investigation cases to local and state
prosecutors for criminal prosecution. Annual BOI reports are posted on Cal/OSHA's Annual Legislative Reports webpage.
Cal/OSHA helps protect workers from health and safety hazards on the job in almost every workplace in California. Cal/OSHA's Consultation Services Branch
provides free and voluntary assistance to employers and employee
organizations to improve their health and safety programs. Employers
should call (800) 963-9424 for assistance from Cal/OSHA Consultation
Services.
Employees
with work-related questions or complaints may contact DIR's Call Center
in English or Spanish at 844-LABOR-DIR (844-522-6734). The California
Workers' Information line at 866-924-9757 provides recorded information
in English and Spanish on a variety of work-related topics. Complaints
can also be filed confidentially with Cal/OSHA district offices.
The California Department of Industrial Relations,
established in 1927, protects and improves the health, safety, and
economic well-being of over 18 million wage earners, and helps their
employers comply with state labor laws. DIR is housed within the Labor & Workforce Development Agency.
For general inquiries, contact DIR's Communications Call Center at
844-LABOR-DIR (844-522-6734) for help in locating the appropriate division or program in our department.