Sparta Construction Company Owner Facing Charges
Joe Novak, president and owner of Black River Builders, LLC, in Sparta, MI, is facing MIOSHA violations felony charges in connection with the July 2012 death of one of his employees. On July 2, 2012, 38-year-old Brian Tarachanowicz, a subcontractor with Black River Builders, fell through a weak spot in the roof while removing an old roof deck at the Federal-Mogul Corp. in Sparta. He fell more than 26 feet and landed on concrete. Tarachanowicz was not wearing safety equipment, and was pronounced dead at the scene.
Michigan Attorney General Bill Schuette said, “Business owners have a responsibility to ensure the safety of their employees. When tragedy strikes and a life is lost over carelessness in the workplace, we will hold employers accountable.”
The Michigan Attorney General’s Criminal Division has charged Novak, the 40-year-old Sparta construction firm owner, with one count of Michigan Occupational Safety and Health Act (MIOSHA) Violation Causing Death. The charges were filed in the 63rd Circuit Court in Kent County.
A MIOSHA investigation following the incident found that people working at the construction site were not using any fall protection equipment, even though they were exposed to an almost thirty foot drop because a portion of the deck had been removed. The investigation also alleges that there were no daily safety inspections or engineering surveys conducted, which would have revealed unsafe conditions that were hazardous to workers. Apparently there had also been no inspection done on the wooden deck itself.
MIOSHA has inspected Black River Builders nine times since 2007, and has repeatedly cited them with serious violations. In 2008 they were cited for lack of fall protection gear, which is a serious violation. According to the Michigan Occupational Safety and Health Act (MIOSHA) “An employer who willfully violates this act, an order pursuant to this act, or a rule or standard promulgated under this act which causes the death of an employee is guilty of a felony…” MCL 408.1035(5).
Martha Yoder, Director of MIOSHA, stated the following with regards to this case, “MIOSHA adheres to strict standards and is committed to ensuring Michigan’s workforce is safe on the job site, so it continues to play a key role in building the state’s economy. In a competitive and time driven industry, it is not acceptable to cut corners at the expense of worker safety.”
Novak turned himself in to the police on Wednesday, April 30th. He was booked into the Kent County Jail and was released on an interim bond. He was arraigned yesterday, on May 7, in Kent County’s 63rd District Court. If convicted, he faces up to one year of jail time and possible fines.