Foundry employees receive seven-count indictment

A federal grand jury has returned an indictment against Grede LLC and Grede II (also known as Grede Wisconsin Subsidiaries LLC) over the operations of the Grede Foundry in Berlin, Wisconsin.

According to the U.S. Attorney’s Office, Eastern District of Wisconsin, former employees also charged were Peter Mark, the corporate safety and environmental director, and Steven O’Connell and Christy McNamee, who were formerly employed at the now shuttered facility.

The seven-count indictment alleges charges of conspiracy, obstruction of a federal investigation, the making of false statements, violations of the federal Clean Air Act and negligent endangerment.

The indictment alleges that in January 2012, workers at the foundry were ordered to assist in the refurbishment of a heat-treat oven that contained dangerous amounts of chrysotile asbestos. Proper asbestos abatement procedures were not implemented by the corporation or its managers. Workers were provided with inadequate safety equipment and were not told that the material they were removing contained asbestos. This contaminated material was then hauled away to a landfill by unsuspecting trash collectors, the indictment reads. 

The indictment alleges that Mark, O’Connell, McNamee and the corporate defendants conspired to obstruct state and federal investigators during subsequent inquiries into the presence of asbestos during the refurbishment of the oven.

If convicted of the offenses, the three defendants face maximum penalties ranging from 11 to 41 years in prison and hundreds of thousands of dollars in fines. The corporate defendants face millions of dollars in criminal penalties.

In a statement, Grede writes: “At Grede, the health and safety of our employees are always our top priority, and we strive to always follow all state and federal laws and regulations. This matter arises from events that occurred five years ago at Grede’s Berlin, Wisconsin, facility that is now closed.

“Grede has worked hard to enhance its environmental and safety compliance program over the past several years. We are not at liberty to comment further on this particular activity as this is an ongoing legal matter. We will provide further comment at the appropriate time.”

The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, the U.S. Department of Labor’s Office of Inspector General and the Wisconsin Department of Natural Resources, Warden’s Service.