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Today's Safety NewsOccupational Safety

Trenching hazards, failure to pay OSHA fines land company owner in the slammer

Long history of noncompliance

November 4, 2014

Department of JusticeAn Illinois business owner was taken into custody by a U.S. Marshall Oct. 27 after he failed to correct serious trenching hazards and pay the OSHA penalties that had been assessed against him.

Mike Neri Sewer & Water Contractor Inc.

The Seventh Circuit Court of Appeals granted a motion filed by Secretary of Labor Thomas E. Perez against the owner of Mike Neri Sewer & Water Contractor Inc., based in Elk Grove Village, Ill. This action followed the owner's long history of failing to comply with OSHA standards and orders of the independent Occupational Safety and Health Review Commission.

In custody until...

In October 2013, the Court issued an enforcement order against Neri and when he failed to comply, the Court held Neri in contempt in July 2014 and threatened him with possible incarceration. Last week, after receiving no response from Neri, the Court granted the Secretary's motion to proceed with coercive actions, ordering the U.S. Marshal to place Neri in the custody of the Attorney General. Neri will remain in custody until a District or Magistrate Judge certifies to the Court that he has either fully complied with the Court's enforcement order or has demonstrated he is unable to comply.

KEYWORDS: DOJ OSHA violations

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