Hultgren Construction, L.L.C., Willful Violation of OSHA, South Dakota 2016
Hultgren Construction, L.L.C., a Sioux Falls construction company, has been ordered to dissolve and pay restitution to the victims of a building collapse after a federal court found the company guilty of a willful violation of the Occupational Safety and Health Act (OSHA). On December 2, 2016, an employee of Hultgren Construction, Ethan McMahon, was fatally injured when the multi-story building he was demolishing collapsed.
The investigation revealed that Hultgren Construction failed to provide sufficient training to its employees on proper demolition methods and the use of temporary shoring systems. The company's actions exhibited a plain indifference to the known and obvious hazard of the building's structural instability.
Hultgren Construction, L.L.C., was sentenced to 1 year of probation and ordered to dissolve as part of its sentence. The company was also required to comply with all bankruptcy proceedings, including paying restitution to the victims of the building collapse. Due to the company's lack of assets, it was not fined, but was instead ordered to pay a $50 assessment to the Federal Crime Victims Fund.
The case was investigated by the Department of Labor – Office of the Solicitor, and the U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
The tragic incident highlights the importance of adhering to OSHA regulations to ensure the safety of workers in the construction industry. The federal government will continue to hold companies accountable for violating safety standards and putting the lives of their employees at risk.
Hultgren Construction, L.L.C. is a company based in Sioux Falls, South Dakota, that provides residential and commercial construction services. The company employed approximately eleven (11) employees in South Dakota at the time of the incident.
Defendant: Hultgren Construction, L.L.C.
Criminal Charges: Willful Violation of the Occupational Safety and Health Act Causing Death to an Employee
City and State: Sioux Falls, South Dakota
Exact Date: December 2, 2016
Sentence or Outcome: 1 year of probation, dissolution, and payment of restitution to victims
Dollar Amounts: $50 assessment to the Federal Crime Victims Fund
Key Facts
- State: South Dakota
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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