The owner of a Philadelphia-area roofing company has been sentenced to ten months in prison for ordering employees to lie to federal investigators looking into the death of one of his employees at a historic church.
James J. McCullagh, 60, of Meadowbrook, Pennsylvania, also received two years probation during his sentencing hearing March 29 in US District Court in Philadelphia. In December, the roofing contractor pleaded guilty to one count of willfully violating a US Occupational Safety and Health Administration regulation causing death to an employee, four counts of making false statements, and one count of obstruction of justice.
In December, the roofing contractor pleaded guilty to one count of willfully violating a US Occupational Safety and Health Administration regulation causing death to an employee, four counts of making false statements, and one count of obstruction of justice.
Death at a Historic Church
The case stems from a fatal accident that occurred June 21, 2013, in which one of McCullagh’s employees — Mark T. Smith, 52, of northeast Philadelphia — fell 45 feet from roof scaffolding while making repairs to the Old Zion Lutheran Church, a historic church located on North Broad Street in the Pennsylvania city.
According to federal prosecutors, McCullagh ordered two of his other employees to tell OSHA investigators that both they and Smith had been provided with safety harnesses and other fall protection devices, even though they had not.
Multiple Safety Violations Cited
After the fatal accident, the roofing company — James J. McCullagh Roofing Inc. — was cited for 10 safety violations, including three willful violations. OSHA officials charged that the company failed to ensure that one employee, not two, worked on scaffolding intended to support only one person, and failed to ensure that the scaffolding was not overloaded.
The company also was cited for improperly erecting scaffolding and for failing to provide proper personal fall arrest systems, according to local news reports.
Civil Penalties Still Pending
McCullagh and his company still face civil penalties in connection with the case, which OSHA’s Safety and Health Review Commission is still considering.
Lying to federal investigators is always a bad idea, according to Dr. David Michaels, assistant Secretary of Labor for OSHA.
“No penalty can bring back the life of this employee, but the outcome of this case will send a clear message that when employers blatantly and willfully ignore worker safety health responsibilities, resulting in death or serious injury to workers, or lie to or obstruct OSHA investigators, we will pursue enforcement to the fullest extent of the law, including criminal prosecution,” Michaels said in an OSHA news release announcing the sentence.
Church Part of US History
The current Old Zion Lutheran Church was built in 1892. It is the congregation’s fifth church building. An earlier church, that stood on the same site, played a role in US history, hosting the memorial services of both Benjamin Franklin and George Washington, according to the church’s website.