Dec. 9, 2015

Statement from Assistant Secretary of Labor Dr. David Michaels on roofing
company owner's guilty plea today to charges related to employee's fatal fall

PHILADELPHIA - Roofing company owner James J. McCullagh pleaded guilty today to one count of willfully violating an Occupational Safety and Health Administration regulation causing death to an employee, four counts of making false statements, and one count of obstruction of justice. The case stems from a 2014 incident where a worker who was not provided with fall protection fell 45 feet from a roof while performing roofing repairs on a church in Philadelphia.

McCullagh's company, James J. McCullagh Roofing Inc., still faces civil penalties for willful and serious OSHA violations related to the same accident. The civil matter is pending before the Occupational Safety and Health Review Commission.

Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels issued the following statement:

"I would like to thank the U.S. Attorney's Office and the U.S. Department of Labor's Office of Inspector General for all their hard work on this case. No penalty can bring back the life of this employee, but the outcome in this case will send a clear message that when employers blatantly and willfully ignore worker safety and health responsibilities, resulting in death or serious injury to workers, or lie to or obstruct OSHA investigators, we will pursue enforcement to the fullest extent of the law, including criminal prosecution."

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Media Contacts:

Joanna Hawkins, 215-861-5101, hawkins.joanna@dol.gov
Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov

Release Number: 15-2383-PHI (osha 15-118)

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