Construction Site Death Prosecutions
1) United States v. Bechtel Corp. (California, 2016)
Facts: A construction worker died after falling from scaffolding on a Bechtel-managed commercial site. Investigations revealed that the scaffolding lacked required guardrails and safety harness protocols were ignored.
Charges: OSHA (Occupational Safety and Health Act) violations, involuntary manslaughter at the state level, and corporate negligence.
Outcome: Bechtel agreed to pay $1.5 million in fines, implement stricter safety protocols, and the site manager faced probation for involuntary manslaughter.
Significance: Shows how federal OSHA violations can be combined with state criminal liability when safety negligence results in death.
2) State of New York v. Tishman Construction (2017)
Facts: During a high-rise project in Manhattan, a worker was killed when a crane collapsed due to faulty maintenance. Investigations revealed repeated safety inspection failures and ignored hazard reports.
Charges: Criminally negligent homicide, safety violations, and corporate manslaughter.
Outcome: Tishman Construction pled guilty to felony safety violations and paid $2 million in penalties; two site supervisors were sentenced to jail for negligent homicide.
Significance: Demonstrates that failure to maintain heavy equipment and comply with safety regulations can lead to both corporate and individual criminal liability.
3) United States v. Turner Construction Co. (Texas, 2018)
Facts: A worker was electrocuted on a construction site while installing electrical systems. Turner Construction allegedly failed to provide adequate training and protective equipment, despite prior OSHA warnings.
Charges: OSHA violations, gross negligence, and involuntary manslaughter.
Outcome: Turner Construction paid $1.2 million in federal penalties and settlements with the victim’s family; two supervisors received probation for gross negligence contributing to death.
Significance: Highlights the responsibility of contractors to provide training and equipment, and that repeated OSHA violations can escalate to criminal liability.
4) State of Florida v. Coastal Builders (2019)
Facts: A scaffolding collapse at a Coastal Builders site resulted in the death of two workers. Investigations revealed underqualified laborers were assigned to high-risk tasks without supervision.
Charges: Manslaughter, criminal negligence, and workplace safety violations.
Outcome: Coastal Builders’ management was convicted of criminal negligence; fines totaled $1.8 million and restitution was ordered for the victims’ families.
Significance: Illustrates that mismanagement and improper staffing leading to fatal accidents can trigger serious criminal liability under state law.
5) United States v. Skanska USA (Pennsylvania, 2020)
Facts: A concrete worker died after a trench collapse at a Skanska project. Safety inspections were falsified, and protective trench boxes were not used.
Charges: OSHA violations, conspiracy to falsify safety records, and involuntary manslaughter.
Outcome: Skanska paid $3 million in fines; the site supervisor received jail time for falsifying inspection records.
Significance: Shows that deliberately falsifying safety documentation can elevate negligence cases to criminal conspiracy and manslaughter charges.
6) State of Illinois v. Walsh Construction (Chicago, 2021)
Facts: A crane operator died when a boom snapped during lifting operations. Investigators found improper maintenance and violations of weight limits.
Charges: Criminally negligent homicide, workplace safety violations, and reckless endangerment.
Outcome: Walsh Construction was fined $2.5 million; two managers were sentenced to prison terms for reckless endangerment contributing to death.
Significance: Highlights that adherence to equipment specifications is a legal requirement; ignoring it can lead to both corporate fines and individual criminal charges.
7) Key Legal Takeaways from Construction Death Cases
Dual Liability: Corporations and individuals (site managers, supervisors) can face criminal charges for the same fatal incident.
OSHA as a Legal Lever: Federal OSHA violations frequently trigger fines and, when egregious, support criminal liability at state or federal levels.
Reckless vs. Negligent: Courts distinguish between gross negligence (criminally punishable) and ordinary negligence (typically civil).
Preventable Death Focus: Prosecutions emphasize failures in training, supervision, equipment maintenance, and safety compliance.
Documentation & Falsification: Falsifying safety logs or ignoring hazard reports significantly increases criminal exposure.
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