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Martin Romano, the president of Mr. Asphalt, Inc., regularly required employees to access the top platform of a 13-foot-tall asphalt tank to measure how much asphalt was in the tank, but the tank lacked any protective guard rails, a violation of OSHA regulations. William Irby Jr., a Mr. Asphalt employee, died after falling from the tank.
Fall
Missoula
Montana
September 13, 2012
Unavailable
| First | Last | Age | Title | Employer | Injury Type |
|---|---|---|---|---|---|
| William | Irby, Jr. | 54 | Employee | Mr. Asphalt, Inc. | Fatality |
| Name | Type | Title | Plea Information | Conviction Sentence |
|---|---|---|---|---|
| Martin Romano | Individual | President | After initially pleading not guilty, seven months later Romano admitted to one count of willfully violating an OSHA standard, causing the death of an employee. | Romano agreed to serve three years probation, pay a fine of $7,500, pay restitution to Irby's wife in the amount of $12,500, and hire a safety consultant for the facility. |
|
Penal Crimes Charged
Violation of Title 29, United States Code, Section 666(e): willful violation of an OSHA regulation causing the death of an employee. The violation is a second-degree criminal misdemeanor. |
Other Crimes Charged
Unavailable |
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| Mr. Asphalt, Inc. | Entity | Entity | The company pleaded guilty to one count of violating an OSHA standard causing the death of an employee. | Romano's company will share equally in the responsibility to pay the $7,500 fine and $12,500 restitution. |
|
Penal Crimes Charged
Violation of Title 29, United States Code, Section 666(e): willful violation of an OSHA regulation causing the death of an employee. The violation is a second-degree criminal misdemeanor. |
Other Crimes Charged
Unavailable |
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