Roseville, Michigan Company Sentenced in Worker's Death

A crew from Lanzo Construction Company was installing sewer pipe when a cave-in occurred on Lake Ravines Drive in Southfield. Robert James Whiteye, 52, a pipe layer, was pronounced dead at the scene after rescuers worked for several hours to extricate him from the trench. The fatality occurred in an area of the excavation that was approximately 18 feet deep, with vertical walls, and without any protection to guard against cave-ins.

The investigation revealed that Lanzo Construction knew of the substantial risk of injury to employees engaged in trenching work, and failed to provide trenching support to prevent injury to their employees. Company officials were at the job site and made no effort to protect their employees. Additionally, they failed to furnish Whiteye a place of employment free from recognized hazards that were likely to cause death or serious physical harm.

30 citations for civil violations of the Michigan Occupational Safety and Health Act were hand delivered to Lanzo Construction Company, including: 12 alleged willful serious violations, 12 alleged serious violations and six alleged other-than-serious violations. Six of the 12 alleged willful violations relate directly to the fatality. The proposed penalties totaled $657,500. Lanzo has appealed the 30 civil citations resulting from this incident, and the MIOSHA administrative appeal concerning the civil violations has been held in abeyance until the conclusion of the criminal case.

Judge O’Brien handed down the sentence in Oakland County 6th Circuit Court against Lanzo Construction Company of Roseville, Michigan.  The company received two year’s probation and the maximum statutory penalty of $10,000 for the MIOSHA felony.

The Michigan Occupational Safety and Health Administration (MIOSHA) investigated the cave-in that killed Robert James Whiteye and found that Lanzo Construction Company violated the most basic provisions of the MIOSHA trenching standard.  MIOSHA is part of the Michigan Department of Labor & Economic Growth (DLEG).

“Workers have a right to go home healthy and whole every day.  This is the basic tenet of the MIOSHA program,” said DLEG Director David C. Hollister.  “Lanzo Construction Company has habitually and recklessly placed their workers in harm’s way.  This sentence sends a message to all companies that there are serious consequences for employers who refuse to protect their workers.”

In addition to the statutory penalty of $10,000, Lanzo must also pay a $60 crime victim fee, $3,240 in court supervision fees, and $600 in court costs.