Owners of Century Tool & Die in Springfield Township could face charges from the Michigan Attorney General’s Office for violating child labor laws which resulted in a 17-year-old employee losing four fingers on the job.
The possible charges stem from an incident in April when the employee, operating a mechanical power press, was injured when the press amputated four of his fingers. The company is owned by Michael and Nan Eskers.
Melissa Christianson, spokesperson for the Attorney General’s Office, confirmed charges are in the process of being filed against Century Tool & Die. Christianson said the charges should be filed soon, but could not provide a more accurate date.
The Department of Labor and Economic Growth referred the case to the Attorney General’s Office for prosecution earlier this month.
‘We don’t typically refer cases to the Attorney General, but this was highlighted by the fact that we had a similar incident resulting in the death of a minor in Grand Rapids recently. The employer claimed not to know about the law? That’s one of the responsibilities of employers,? said Deputy Director with the Department of Labor & Economic Growth David Plawecki.
‘The more significant part of this is the fact that it seems to be occurring more and more and it’s commonplace in these situations for employers to claim ignorance of the law when dealing with minors.?
Plawecki said the owner could face the charges for violating the state’s Youth Employment Standards Act by employing a minor without a work permit and employing that worker in a hazardous occupation. Both charges carry penalities of a $500 fine and up to a year in jail.
‘They’re acting because of the injury, yet the act has nothing to do with if anyone was hurt. We don’t have an egregious violation here. We have an unknowing of the law, which I’d say probably happens at a lot of small businesses,? said the Eskers attorney David Lawrence.
‘The Eskers are very upset and feel bad for the worker. They feel terrible and are concerned. It was a horrible accident, but they were not aware of the standards,? said Lawrence, who noted the company hired the youth through a co-op program with Holly High School.
‘We have these laws to make sure in hazardous areas employers are careful not to employ minors,? said Plawecki. ‘Employers need to be aware minors need to have a permit and can’t work in hazardous spaces? We hope parents will question minors about how long they work and in what condition they work at their jobs.?
The Michigan Occupational Safety & Health Administration (MIOSHA) originally investigated the case.
‘Century Tool & Die did everything it was required to by notifying MIOSHA and the Workers Compensation Bureau,? said Lawrence.
According to Lawrence, after the MIOSHA investigation, Century Tool & Die was issued citations for violations regarding the incident and the issue was resolved through a settlement, which included a non-admit clause, agreement to abate the violations and payment of fines.
MIOSHA notified the state’s Wage & Hour Division when it was learned the worker was a minor, according to a press release from the Michigan Department of Labor & Economic Growth.
An investigator with the Wage & Hour Division probed the case and issued a corrective action notice to employer for violating the state’s youth labor laws.
Plawecki explained that the correction action citation was issued saying no minor can be employed in a hazardous occupation or work without a permit to prevent future incidents at the company.
‘We’re waiting to see what charges may be filed and then will respond accordingly,? said Lawrence. ‘It’s a questionable use of state resources. It’d be better spent notifying employers.?