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Jackson Enterprises

Description

Hatherill, a cable television splicer, died of carbon monoxide exposure while working in a company owned truck (a Chevrolet Step Van). The truck's undercarriage and exhaust system was in poor condition and exhaust fumes leaked into the truck. An inspection of the truck by industrial hygeniest Rudolph Zoller following the incident revealed that carbon monoxide levels inside the truck after 20 minutes exceeded 3,000 parts per million (ppm), in violation of the OSHA and MIOSHA PEL of 50 ppm. Sargeant Charles Culton of the Michigan State Police said that many of the violations would have been obvious to a layperson. The company had no regular maintenance program for its trucks.

Prosecutors

Unavailable

Incident Type

Chemical Exposure

County

Oakland

State

Michigan

Date

January 18, 1985

Available case materials include

  • Case/Court Decisions
  • Media Clips & Gov't. Press
  • Other Materials

Contact for Additional Information

Unavailable

Victims

First Last Age Title Employer Injury Type
William Hatherill 23 Cable Television Splicer Jackson Enterprises Fatality

Defendants

Name Type Title Plea Information Conviction Sentence
Richard Jackson Individual Owner Unavailable Charges dismissed.
Penal Crimes Charged

Involuntary Manslaughter

Other Crimes Charged

Unavailable

John Jackson Individual General Manager/ Van Owner Unavailable Charges dismissed.
Penal Crimes Charged

Involuntary Manslaughter

Other Crimes Charged

Unavailable

Patrick Hegedus Individual Michigan Foreman/ Supervisor (Hatherill) Unavailable Magistrate bound Hegedus over for trial on the involuntary manslaughter charge. The trial court granted defendant's motion to quash information. On appeal, the decision to grant the motion was affirmed on grounds that the OSH Act preempted the criminal prosecution. The Supreme Court of Michigan reversed and remanded finding no OSH Act preemption. On remand, the Michigan Court of Appeals affirmed the circuit court's dismissal of the involuntary manslaughter charges, finding that he owned no duty to the deceased because he was not the employer and did not own the equipment rsponsible for the incident.
Penal Crimes Charged

Involuntary Manslaughter

Other Crimes Charged

Unavailable