Last year, the owner of Kehrer Brothers Construction, a construction company based in Southern Illinois was fined $50,000 and was sentenced to five months in federal prison for exposing its immigrant Mexican workers to asbestos during an asbestos removal project at a school.
Joe Kehrer, the owner of the company, had pleaded guilty in March 2018 and was charged with failing to inform the regulatory authorities before an asbestos removal project. As per the Federal law, the Illinois Environmental Protection Agency should be notified at least 10 days before an asbestos removal project.
Kehrer apologised for what had happened, saying, “I just want to say that I’m sorry and that I take complete responsibility for mistakes that I made.” A concerned employee of the company reached out to the Occupational Safety and Health Administration during the asbestos removal project. Knowing that asbestos is a known carcinogen, he felt it was alarming that the employees were putting their health and safety at risk.
The Asbestos Removal Project
The asbestos removal project that took place in the spring of 2015 at an elementary school in Okawville. An employee reported to the investigators that when the inspectors from the OSHA came, they had to stop what they were doing and put the equipment and chemicals out of sight.
In August 2015, the Occupational Safety and Health Administration issued a $1.8 million fine against the owner of the company. They accused him of allowing Mexican workers to get rid of asbestos without safety gears or equipment, and threatening to fire them if they reported the situation to the inspectors.
At that time, David Michaels, the Assistant Secretary of OSHA, described Kehrer’s behaviour as “outrageous.” “They spoke no English. He drove them to jobs. He set up a housing camp for them. They were at his mercy,” he explained. Kehrer, on the other hand, opposed to the story, saying that his relationship with his workers was “excellent,” and that he was a father figure to most of them. He even added that he co-signed loans for them and gave them money when they needed it.
Unfortunately, one wrong deed has worked against Kehrer. He was sentenced to five months in federal prison, a $50,000 fine, and a year of probation – five months of which will be served on house arrest. Considering his many years in the business and his work history with asbestos removal, the judge explained that Kehrer should have known better. “You absolutely know the significance of asbestos and its removal,” she stated. “You knowingly exposed workers to that serious health risk.”
The judge took into account the government’s sentencing recommendation of one-year probation, but she felt it was not enough to keep Kehrer from committing the same crime again. “I’m not a discompassionate person, but I cannot ignore the seriousness of this,” she clarified.