Idaho Man Given Longest-Ever Sentence for Environmental Crime

May 3, 2000
An Idaho man to serve 17 years in prison and pay $6 million for his crimes that left a 20-year-old employee with permanent brain\r\ndamage from cyanide poisoning.

In the longest sentence ever imposed for an environmental crime, a federal judge has ordered an Idaho man to serve 17 years in prison for his crimes that left a 20-year-old employee with permanent brain damage from cyanide poisoning.

According to the U.S. Department of Justice, Allan Elias also was ordered to pay $6 million in restitution to the victim and his family.

In May 1999, a jury in Pocatello, Idaho, found that Elias ordered employees of Evergreen Resources, a fertilizer manufacturing company he owned, to enter and clean out a 25,000-gallon storage tank containing cyanide without taking required precautions to protect his employees.

Scott Dominguez, an Evergreen Resources employee, was overcome by hydrogen cyanide gas while cleaning the tank and sustained permanent brain damage as a result of cyanide poisoning.

"There is no excuse for the human tragedy in this case," said Lois J. Schiffer, assistant attorney general for the Justice Department''s Environment and Natural Resources Division. "This unprecedented sentence leaves no question that environmental crimes are real crimes, and those who flout our environmental laws will go to prison for a long time. We are pleased because the court ordered the defendant to pay significant restitution to help the victim."

Over a period of two days in August 1996, Elias directed his employees -- wearing only jeans and T-shirts -- to enter a 11-foot-high, 36-foot-long storage tank and clean out cyanide waste from a mining operation he owned.

Elias did not first test the material inside the tank for its toxicity, nor did he determine the amount of toxic gases present.

After the first day of working inside the tank, several employees met with Elias and told him that working in the tank was giving them sore throats, which is an early sign of exposure to hydrogen cyanide gas.

The employees asked Elias to test the air in the tank for toxic gases and bring them protective gear, which is required by OSHA and which was available to the defendant free of charge in this case.

Elias did not provide the protective gear, and he ordered the employees to go back into the tank, falsely assuring them that he would get them the equipment they needed.

Later that morning, Dominguez collapsed inside the tank and he could not be rescued for nearly an hour because Elias also had not given his employees the required rescue equipment.

"Workers have the right to safe and healthful workplaces," said OSHA Administrator Charles N. Jeffress. "The sentence handed down sends a clear message that employers who flagrantly disregard workers'' safety will be held accountable."

The defendant was also convicted of making a false statement to OSHA by fabricating and backdating a safety plan for entering the storage tank containing cyanide.

Elias told rescue workers and emergency room personnel that the storage tank contained nothing that could injure employees, and he specifically denied that cyanide was in the tank.

The day after Dominguez was critically injured, Elias prepared a backdated safety permit that falsely state that employees had been given safety gear before they entered the tank.

"This defendant showed absolutely no regard for the safety of his workers or for the protection of the environment," said Steve Herman, assistant administrator for EPA''s Office of Enforcement and Compliance Assurance. "The severe injury inflicted upon the victim is a sad reminder of what can happen when our environmental laws are abused, and we rededicate ourselves to the vigorous prosecution of such violations."

by Virginia Sutcliffe

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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