By Liz Carey
Cincinnati, OH (WorkersCompensation.com) – On May 31, Environmental Enterprises, Inc. pleaded guilty to one count of negligent homicide in Hamilton County, Ohio court, after a four-and-a-half year long legal battle over the death of one of its workers.
Eight other charges against the company were dismissed in the plea bargain, said a spokesperson with Ohio Attorney General Mike DeWine’s office in an interview with WorkersCompensation.com.
The company, along with two of its managers, had been charged with negligent homicide, tampering with evidence, tampering with records and involuntary manslaughter following the death of 20-year-old Zachary Henzerling at its Cincinnati, OH plant.
Hinzerling was working the third shift when another employee used an electric saw in the vicinity of flammable material. Henzerling and a coworker were caught in the explosion and fire that broke out as a result of the employee’s actions.
The incident landed Environmental Enterprises on the radar of Occupational Safety and Health Administration (OSHA) and the Ohio Attorney General, as well as the National Council for Occupational Safety and Health. Environmental Enterprises was named recently in National COSH’s Dirty Dozen report, listing the 12 “worst” employers for employee safety and health.
According to Marcy Goldstein-Gelb, co-executive director for National COSH, the report gives the “low lights” on companies that stand out in their disregard for worker safety.
“We tell the story of those left behind when workers lose their life on the job,” Goldstein-Gelb said in an interview with WorkersCompensation.com. “By shining a spotlight on these companies, we hope that they will make the necessary changes to put employee’s safety first.”
Environmental Enterprises was cited for Henzerling’s death and the company’s response to it.
The only part of Henzerling that wasn’t burned, his father told the Cincinnati Enquirer at the time, was a portion of his foot where his boots had protected him. Henzerling died as a result of those burns.
An OSHA investigation into the incident in June 2013 found Environmental Enterprises not only failed to properly handle hazardous waste, but also failed to adequately protect its employees with protective equipment and neglected to train its employees. OSHA recommended $325,000 in fines and put the company in its Severe Violators Enforcement Program.
Later, in January 2016, Ohio Attorney General Mike Dewine indicted Environmental Enterprises, Inc., as well as two of its employees Kyle Duffens, supervisor, and Gerald Nocks, manager, for their negligent actions in Henzerling’s death.
Last week, DeWine accepted the guilty plea for negligent homicide. Environmental Enterprises, Inc., punishment? Five thousand dollars in fines and court costs.
DeWine’s office did not respond to requests for comment on the fine, or outcome of the case. A spokeswoman with the office said she would forward questions on to DeWine, but WorkersCompensation.com had not received any response by press time.
Calls and emails to Environmental Enterprises were not returned.
Goldstein-Gelb said one of the outcomes the organization hopes to see is changes in communities where these companies are located to strengthen commitments to workers.
“Companies draw from communities that have the people that work for them in them,” she said. “In some areas, cities are working with creating new regulations to strengthen employee protections, and in other areas, we’re seeing companies go through the criminal prosecution process. …People in communities across the country may not be aware of the organization that work in their back yards that are endangering their neighbors. Our goal is to bring people together collaboratively to strengthen the safety net for employees.”
Others on the list:
• Atlantic Drain Services, Roslindale, MA – Cited for the death of two employees, who died when a trench collapsed on top of them.
• California Cartage, Long Beach, CA – Cited for the death of an employee, as well as a lack of machine safeguards, faulty brakes and other dangerous hazards.
• Dedicated TCS, Lansing, IL – Cited for the death of an employee after being cited by OSHA for similar violations three times.
• Dollar General Stores, Goolettsville, TN – Identified as receiving more than 100 citations and more than $1 million in fines for blocked exits and poorly identified fire extinguishers. Dollar General responded to WorkersCompensation.com’s questions about the allegations with an emailed statement:
“Dollar General is committed to providing a safe workplace for its employees and safe shopping experience for its customers. Dollar General has in place numerous policies and processes aimed at reinforcing our dedication to store safety and supporting compliance with the company’s safety expectations. In those circumstances where we are made aware that a store has failed to adhere to these expectations, we act quickly to address the situation.”
• Fuyao Glass America, Dayton, OH – Employees say gloves are not allowed in the plant which requires employees to cut glass. Cited 23 times by OSHA.
• Nissan USA, Franklin, TN – Five employees dead in five years, nearly $100,000 in fines from OSHA, workers report that they fear losing their job if they report injuries. Nissan responded to WorkersCompensation.com’s requests for comment with an emailed statement:
“The safety and well-being of our employees is always our top priority. We dedicate extensive time and resources to plant safety programs and training, and our lost time rates (a recognized measure of plant safety) are substantially better than the industry average. Our commitment to safety and to the well-being of our employees will not waiver. This 'report' is simply an another attempt by certain labor unions and their agents to disparage Nissan North America as they seek to organize our workforce with little or no employee support.”
• Pilgrim’s Pride, Greeley, CO – Added to the list after the death of an employee in a poultry processing plant and the amputation of an employee’s finger, as well as employee’s exposure to toxic ammonia.
• PrimeFlight, Nashville, TN – Added to the list because of 22 OSHA violations in three years, employee concerns about exposure to blood borne pathogens and conditions likely to cause death or serious injury.
• TransAm Trucking, Olathe, KS – Added to the list after an employee was fired for protecting his own safety – known as the “Case of the Frozen Trucker.”
• Samsung, Seoul, South Korea – Cited for more than 200 serious illnesses and 76 deaths due to exposure to chemicals in the plants, as well as a corporate culture to punish employee leaders who try to unionize and protect other employees.
• Valley Garlic, Coalinga, CA and x-Treme AG, Kerman, CA – Cited for the death of four migrant workers working for the company when an illegal transport van overturned.
Calls and emails were made to all of the companies on the list. None of the companies responded by press time.
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This story was updated as of 6/2/17.
