Court Says Employer Knowingly Endangered Employee

Oct. 31, 2001
A federal appeals court upholds the conviction of an Idaho employer charged with knowingly endangering the life of a worker.

Employers have been known to order employees to perform jobs that are dirty, difficult, and sometimes, dangerous. Sometimes, the employees suffer injuries as a result.

In the case of Scott Dominguez, an employee of Evergreen Resources Inc. in Idaho, doing what was asked of him by his employer almost proved fatal.

In 1996, his employer, Allen Elias, ordered Dominguez to wash down the sides of an 11-foot-high, 36-foot-long, 25,000-gallon tank containing phosphoric acid and cyanide. That chemical cocktail produces the gas used by the Nazis in the World War II death camps.

Dominguez collapsed in the tank and had to wait for rescue for over an hour. He suffered severe brain damage and requires extensive care.

The Occupational Safety and Health Administration (OSHA) alleged that Elias did not provide employees with safety training and did not provide personal protective equipment.

In 1999, Elias, who claimed that it was an accident and that he was not responsible, was charged in federal court with knowingly endangering the safety of his employees. He was also convicted of illegally disposing of cyanide waste and making a false statement to OSHA.

Elias was sentenced to a 17-year prison term, the harshest ever imposed for an environmental crime in the United States, and was ordered to pay Dominguez and his family $6.3 million. Elias appealed.

Last week, the 9th U.S. Circuit Court of Appeals unanimously ruled to uphold his conviction.

Elias managed to avoid the $6.3 million recitation payment. The appeals court ruled that Elias'' conviction is among "the few for which Congress has not sanctioned the imposition of restitution."

by Sandy Smith

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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