A Kent County Judge has dismissed the criminal charges against Black River Builders owner Joe Novak, after the accidental workplace death of one of his subcontractors. According to the Judge, the company can be charged for violations, but Novak himself cannot.
On July 2, 2012, 38-year-old Brian Tarachanowicz, a subcontractor for Black River Builders, fell more than 26 feet to his death. According to witness reports, he fell through a weak spot on a commercial roof the company was working on. The dangerous area was not reinforced, and Tarachanowicz was not wearing safety equipment. He landed on concrete and was pronounced dead at the scene.
In the ensuing investigation MIOSHA discovered that none of the workers on the job site were wearing fall protection equipment of any kind. This was an issue because many of them were working in an area exposed to a 30 foot drop where a section of the roof deck had been replaced.
No daily safety inspections were being conducted
Another disturbing factor revealed by the investigation was the fact that no daily safety inspections or engineering surveys were being conducted. Had this been the case, the inspections would have revealed a number of unsafe conditions that were considered hazardous to workers.
In the wake of Tarachanowicz’s death, Novak was charged with a single count of Michigan Occupational Safety and Health Act (MIOSHA) Violation Causing Death. Under Michigan law this is a felony punishable by up to one year in jail. Should someone be charged a second time with the same offense, the penalty would be three years.
Court records show that Black River Builders has been cited repeatedly in the past for MIOSHA violations. Since 2007, the company has been cited nine times, with some of the more recent charges from 2012 including one ‘Wilful’ and three ‘Serious’.
Sources have said that the prosecution is likely to appeal the ruling, in the hopes that they can still prosecute Novak individually and not just his company.