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Finbar O’Neill, Workplace Safety Violation, New York 2017

General Contractor OneKey, LLC, and its principal, Finbar O’Neill, have been found guilty of willfully violating Occupational Safety and Health Administration (OSHA) regulations, resulting in the tragic death of a construction worker on August 3, 2017, in Poughkeepsie, New York.

The defendants, who failed to consult with qualified personnel regarding the stability of a wall holding back soil surcharges at a construction site, were warned about the unsafe conditions but ignored them. The wall collapsed, killing the worker and prompting charges against OneKey LLC and O’Neill.

U.S. Attorney Damian Williams emphasized that businesses must prioritize safety regulations to protect their workers, stating that the disregard for these laws endangers lives and disadvantages responsible companies. Sentencing is scheduled for May 12, 2023.

The maximum fine for OneKey LLC is $500,000, while O’Neill faces a potential six-month prison sentence and a $250,000 fine.

Mr. Williams commended the efforts of OSHA and the Department of Labor’s Office of Inspector General in handling this case.

Assistant U.S. Attorneys Steven J. Kochevar and Stephanie Simon are leading the prosecution for the Office’s White Plains Division.

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