The preventable death of an 18-year-old who was scuba driving to clear weeds in Apple Valley has led to the largest workplace fine in state history.
The Minnesota Occupational Safety and Health Administration issued five willful violations against Your Lake Aquatic Plant Management that led to the death of 18-year-old employee Joseph Anderson, of Plymouth. Anderson had recently been hired to clear weeds from an Apple Valley lake, and the incident occurred on his first time diving under water and using scuba equipment. Minnesota OSHA found that he received 10-15 minutes of training prior to his dive from a co-worker who was not scuba certified.
Shortly after the dive started, co-workers noticed that they had not seen exhaust bubbles from Anderson for several minutes. When he was located under water, he was unresponsive and wearing his scuba mask, but the oxygen regulator was out of his mouth. He eventually died as a result of his injuries three days later, according to his obituary.
Major Fine Issued
Minnesota OSHA issued five willful safety violations to Your Lake Aquatic Plant Management, including:
- Employees did not have the experience or training necessary to perform work safely.
- Employees were not trained in CPR or first aid.
- No company employee was designated to be in charge of all aspects of the diving operation.
- A safe-practices manual had not been developed or maintained.
- A stand-by diver was not available while diving operations took place.
Your Lake Aquatic Plant Management was assessed a $161,323 penalty for three of the violations, which is the highest penalty Minnesota OSHA can hand out. In total, the fine amount for the five violations came to $730,369, the largest on state record.
In order for Minnesota OSHA to cite a willful violation, the investigator needs to find evidence that:
- The employer was aware of a hazardous condition; and
- The employer knows the condition violates a standard or other obligation of the Occupational Safety and Health Act; and
- The employer takes no reasonable steps to address the condition.
The current violation set the unfortunate record for the highest workplace safety violation on state record, eclipsing the $621,600 fine handed out to Rosemount-based Wayne Transports following the death of an employee in March.
Your Lake Aquatic Plant Management has filed a notice contesting the violations.
Employers need to take the health and safety of their employees seriously. As we’ve talked about on the blog, it’s not uncommon for employees to be injured shortly after starting a new job or on the first day of their job due to unfamiliarity with duties or poor training, and that seems to be the case here.
If you’ve been injured after starting a new job, even if there’s nobody to blame but yourself, you may still be entitled to workers’ compensation. Let the team at Hey Workers get you the compensation you deserve. For more information, or for help with a different aspect of your claim, reach out to the team at Hey Workers today at (844) 439-9675.
