Federal Cooperation Leads to Convictions for 2017 Corn Mill Explosion
The efforts of the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) are credited with helping convict two Didion Milling officials, for their actions leading to a 2017 corn mill explosion.
That explosion killed five workers and injured more than a dozen others at the Didion Milling corn mill in Cambria, Wisconsin.
Didion Milling Vice President of Operations Derrick Clark and former Didion Milling food safety superintendent Shawn Mesner were convicted by a federal jury in Madison, Wisconsin. Clark was convicted of falsifying documents, misleading OSHA, and making false and misleading statements. Mesner was convicted of participating in a conspiracy against Didion Milling’s customers and conspiring to obstruct and mislead OSHA. A third official, former Didion environmental manager James Lenz, was acquitted.
“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 EPA Office of Enforcement and Compliance Assurance Assistant Administrator David M. Uhlmann.
Compliance and Cleaning Logs in Focus
At the center of the case are instances of falsified documents.
Prosecutors say Clark falsified documents to certify compliance with the mill’s permits under the Clean Air Act involving baghouse equipment, which is designed to limit the release of potentially hazardous matter like corn dust in the environment.
Clark and Mesner were both convicted of participating in a conspiracy to falsify cleaning logs, allegedly ordering others to backfill the entries for uncompleted cleanings. Such logs are required under OSHA standards as the accumulation of grain dust can become an explosive.
Prosecutors say Mesner also conspired to deceive Didion’s customers about its sanitation practices, by showing them the falsified cleaning logs and directing Didion personnel to falsify the log to make it appear as if the cleaning schedule was being followed.
“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,” said OSHA Regional Administrator Bill Donovan in Chicago.
Court documents say Clark also gave false and misleading testimony to OSHA about the fire and safety problems at the mill. It was that testimony that prompted OSHA to refer the case to federal investigators. The case was investigated by the EPA- Criminal Investigation Division.
Sentencing hearings for each defendant will be scheduled at a later date.
Didion Milling itself previously pleaded guilty to falsifying the cleaning and baghouse logs, agreeing to pay a fine of $1 million and restitution of more than $10 million to the victims.