Grain elevator company pleads guilty in teen worker's death

Tempel Grain Elevators LLP pled guilty August 5 to violating OSHA regulations resulting in the death of 17-year-old Cody Rigsby, who suffocated after being engulfed in a grain bin in Haswell, Colo. The company was also sentenced to five years probation. Under a plea agreement with prosecutors, the company must pay Rigsby's family $500,000 for his 2009 death and must pay fines to OSHA. The company must also implement safety provisions that include providing safety training and refresher training to its employees, and developing a procedure that includes harnesses and lanyards or similar safety equipment in anticipation of bin entry at any of its grain elevators. If Tempel Grain violates any of the terms or conditions of probation they would be potentially liable for up to another $500,000 fine.

"This is a terrible tragedy that should never have happened," said OSHA Assistant Secretary David Michaels. "We are pleased to reach this agreement. Money won't bring back this young man's life, but we can make every effort to ensure that these terrible tragedies don't happen again. We will use any means--from tough enforcement to aggressive outreach efforts--to put this industry on notice that we will not tolerate risking workers lives in hazardous situations that are entirely preventable."

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