US Court of Appeals holds serial OSHA violator in contempt

Stephen Lessard of Maine ordered to correct hazards, pay $405K in penalties

Date of action: Aug. 24, 2015

Type of action: Judgment

Name of defendant: Lessard Roofing and Siding Inc., Lessard Brothers Construction Inc., and their successors and/or alter egos

Background: Lessard Roofing and Siding Inc. and Lessard Brothers Construction Inc., both located in Greene, Maine, were cited by the U.S. Department of Labor's Occupational Safety and Health Administration for safety violations 11 times at 11 different work sites in Maine between 2000 and 2011. Since that time, owner Stephen Lessard has refused to correct the cited violations and pay $405,000 in fines and interest, even after the Labor Department obtained an order in U.S. District Court for the District of Maine in December 2011. The Labor Department asked the U.S. Court of Appeals for the 1st Circuit in Boston in February 2015 to hold Stephen Lessard in civil contempt for defying the 2011 order.

Resolution: The court of appeals has entered a judgment finding Lessard in civil contempt of the 2011 judgment. The judgment orders Lessard to submit proof of correction for the cited hazards and pay $405,485 plus interest and fees to OSHA within 20 days. Failure to do so will result in additional sanctions by the court of that could include imprisonment.

Quote: "It's critically important that employers recognize their obligation to take all appropriate steps to ensure the safety and health of their workers. The refusal to do so places their employees' lives and well-being at risk and the employers themselves in legal jeopardy," said Kim Stille, OSHA's New England regional administrator.

"Mr. Lessard repeatedly flouted that obligation and violated standing court orders; the Labor Department responded by seeking, and obtaining, a contempt finding by the court of appeals that requires him to pay the fines he owes and comply with his safety and health responsibilities. If he fails to take this finding seriously, the court has made clear he could find himself in jail until he does," said Michael Felsen, New England regional solicitor of labor.

Court: U.S. Court of Appeals for the First Circuit

Docket Number: 11-2372