Derrick Clark, the Vice President of Operations at Didion Milling, was convicted of various charges, including falsifying documents, providing false Clean Air Act compliance certifications, and obstructing the investigation by OSHA.
On Friday, Oct. 13, a federal jury in Madison, Wisconsin, found current and former officials of Didion Milling Inc. guilty of workplace safety, environmental, fraud, and obstruction of justice charges. This verdict comes after a tragic explosion in 2017 at a corn mill in Cambria, Wisconsin, operated by Didion Milling, which resulted in the deaths of five workers and injuries to several others.
Derrick Clark, the Vice President of Operations at Didion Milling, was convicted of various charges, including falsifying documents, providing false Clean Air Act compliance certifications, and obstructing the investigation by OSHA. He made false statements during a deposition, hindering the process.
Shawn Mesner, a former Food Safety Superintendent at Didion Milling, was also found guilty of participating in a fraud conspiracy against the company's customers. Additionally, he conspired to obstruct and mislead OSHA by falsifying sanitation records related to cleaning processes aimed at removing corn dust accumulations at the mill.
“The trial and convictions in this case show that compliance matters, and attempting to hide non-compliance, is not just a ‘technical’ violation,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Managers and officers who enable corporate cultures that tolerate, encourage or cover up violations, and who participate in falsifying documents and obstructing agency investigations, will and must be held accountable in addition to the corporations.”
“The tragic loss of life in this case shows the terrible consequences that can result when companies fail to implement required health, safety and environmental measures,” said Assistant Administrator David M. Uhlmann of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “The convictions of Didion Milling senior managers sends a clear message that EPA and our law enforcement partners will investigate and prosecute companies that put profits above the health and safety of their workers.”
“Derrick Clark and Shawn Messner chose to intentionally mislead OSHA investigators and made false statements about their knowledge of working conditions at the plant to protect themselves and cover their mistakes,” said OSHA Regional Administrator Bill Donovan in Chicago. “Their blatant actions demonstrated a callous disregard for the loss of life, injuries and property damage that occurred under their leadership at the Didion Mill. Both Clark and Messner ignored their legal and moral obligation to protect workers before and after the explosion. OSHA is committed to taking all necessary action to hold employers responsible for protecting workers on the job.”
Grain dust poses a serious risk of explosion, which is why OSHA mandates that grain milling facilities such as Didion Milling corn mill must have housekeeping programs in place to minimize dust accumulation. Didion Milling diligently followed its master sanitation schedule to ensure regular cleanings were carried out. Unfortunately, Clark and Mesner were found guilty of tampering with cleaning logs, instructing others to falsify entries for cleanings that were never done.
Federal law allows OSHA six months to investigate and issue citations following a safety violation. In cases involving worker fatalities, if evidence shows that corporate managers were aware of violations, they may face criminal charges. During the investigation into the corn mill explosion, Clark was subpoenaed by OSHA in September 2017. He provided false information about his knowledge of dust collection system issues, explosion risks, and previous fires at the facility.
Moreover, Didion Milling was required to comply with the Clean Air Act at its corn mill, including operating baghouses to control the release of particulate matter like corn dust. A "responsible official" was supposed to certify compliance and report any violations. Clark, however, falsely certified compliance without revealing that baghouse logs had been falsified to hide permit violations.
Didion Milling distributed its milled corn products to food and beverage manufacturers. Maintaining proper sanitation in food manufacturing facilities is crucial for ensuring food safety, as excessive grain dust accumulation can lead to safety issues. Mesner, the food safety superintendent, orchestrated a deceptive scheme by instructing operations personnel to falsify cleaning logs to mislead auditors about Didion's sanitation practices.
On Friday, the jury acquitted former Didion Milling environmental manager James Lenz of charges related to falsifying environmental records and conspiring to make false statements. Didion Milling had previously admitted guilt to falsifying cleaning and baghouse logs, agreeing to pay a hefty fine and restitution to the victims of the 2017 explosion. Several shift superintendents and an environmental manager also pleaded guilty to various charges related to the falsification of records.
Sentencing hearings for the defendants will be held at a later date before U.S. District Court Judge James D. Peterson. The EPA's Criminal Investigation Division conducted the investigation into the case.
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