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Owner, foreman get jail time for worker’s fatal plummet

by on
in Employment Law

A California court has sentenced a company owner and a foreman to a year in jail for allowing unsafe working conditions that led to a roofer’s accidental death.

The sentences were handed down after Sam Hyung Goo Shim, owner of California C&R, and foreman Jwa Young Kim pleaded guilty to failing to put fall-protection measures in place that could have prevented Antonio Martinez’s death. They were charged with violating Labor Code 6425, “willful violation of Cal/OSHA order causing death.”

Martinez was working atop a San Francisco apartment building in 2008 when he fell 38 feet to his death.

According to a Cal/OSHA investigation, the roofing crew was not wearing fall-protection gear and no barriers or scaffolds were installed to protect them. The court heard testimony that workers hadn’t received required safety training.

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