Thursday, September 13, 2007

CORPORATE CRIME REPORTER

Honeywell Pleads Guilty in Worker Death Case, Fined $8 Million

Corporate Crime Reporter 36, September 13, 2007

Honeywell International Inc. pled guilty today in a case involving the July 2003 death of a worker at its Baton Rouge, Louisiana facility.

The multinational giant pled guilty to one count of negligently causing the release of hazardous air pollutants and negligently placing another person in imminent danger of death.

Federal Judge Ralph Tyson sentenced Honeywell to two years probation and imposed a criminal fine of $8 million.

The company must also pay $4 million in restitution -- $2 million of which will be paid to the deceased’s estate.

Federal officials alleged that on July 29, 2003, Delvin Henry, an employee at the Baton Rouge Plant, opened a one-ton cylinder, which had been erroneously labeled as containing relatively benign refrigerant.

When it was opened, 1,800 pounds of spent antimony pentachloride, which is a highly toxic and corrosive hazardous material, was violently released from the cylinder.

Henry was struck by the material and died the following day from his injuries.

“The tragic death of an employee may have been avoided if Honeywell had simply followed the law,” said Granta Nakayama, head of the Environmental Protection Agency’s enforcement division. “EPA will vigorously pursue corporations whose failure to comply with environmental laws threaten human health and the environment.”

The case was prosecuted by Assistant United States Attorney Corey R. Amundson.

Honeywell was represented by Bradley Myers of Kean Miller in Baton Rouge and Tom Green of Sidley Austin in Washington, D.C.



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