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James J. McCullagh, OSHA Violation Causing Death, Pennsylvania 2013

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Roofing Company Owner Charged in Employee’s Fatal Fall

PHILADELPHIA – James J. McCullagh, 60, of Meadowbrook, PA, was charged by indictment, unsealed today, in connection with the fatal fall of an employee. McCullagh, who owns James J. McCullagh Roofing, is accused of violating an Occupational Safety and Health Administration (OSHA) regulation, which led to the death of a worker.

According to the indictment, McCullagh failed to provide fall protection equipment to his employees. On June 21, 2013, one of McCullagh’s employees was killed after falling approximately 45 feet from a roof bracket scaffold while performing roofing work for McCullagh.

McCullagh allegedly lied to investigators, claiming that his employees had been wearing safety harnesses when he saw them earlier in the day prior to the fall. However, the indictment alleges that McCullagh knew he had not provided fall protection to his employees and none of his workers had safety harnesses or any other form of fall protection.

McCullagh also directed other employees to falsely state that they had fall protection, including safety harnesses, on the day of the fall, in an attempt to cover up his failure to provide adequate safety measures.

McCullagh faces a maximum sentence of 25 years in prison, three years of supervised release, $1.5 million in fines, and a $510 special assessment if convicted.

The case was investigated by the United States Department of Labor, Office of Inspector General Labor Racketeering and Fraud Investigations and the Occupational Safety and Health Administration. Assistant United States Attorney Mary Kay Costello is prosecuting the case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

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