History Comes Back to Bite Employer — Criminal Conviction and $500,000 Fine Upheld in Eighth Circuit for Violating Fall Protection Regulations

Seyfarth Synopsis: A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment. Following a bench trial before the District Court, the Defendant contractor DNRB, Inc. was convicted of a Class B misdemeanor for willfully violating two safety regulations (29 C.F.R. § 1926.760(a)(l) and (b)(l)), and causing the employee’s death. The Eighth Circuit upheld the conviction.

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