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Demolition company fined in teen's death
May 6, 2009
7:18 AM
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[FONT=Verdana][SIZE=2] A Suwanee, GA based demolition company has been fined more than $50,000 following the accident in which an underage worker fell to his death about six months ago.

The penalty against Demon Demo Inc. is the first assessed by the U.S. Department of Labor's Wage and Hour Division under the Genetic Information Act of 2008. That act increased the maximum penalty to $50,000 for each child labor violation resulting in death or serious injury of a minor.

Fifteen-year-old Luis Montoya, of Lawrenceville, was working at the Gwinnett Place Mall in Duluth last November when he plummeted three stories down an escalator shaft. Georgia law prohibits children under 16 years old from working at construction sites.

The company was fined an additional $3,162 for failing to keep accurate records and allowing Montoya to work in a hazardous occupation. The Labor Department's Mike D'Aquino said the Occupational Safety and Health Administration levied an additional $23,800 fine, the third such safety-related fine OSHA has hit Demon Demo with since 2005.

According to documents sent by the Department of Labor, Demon Demo was cited in the latest incident for 10 "serious" violations and two other violations, including requiring employees to purchase personal protective equipment that should've been provided to them at no cost.

A police report written after the incident stated that there was no safety equipment in the area where the teen was working.

While some industries allow minors to work at what are considered dangerous work sites, the tasks they may perform are very specific and compliance is closely monitored by state and federal agencies, according to a Labor Department news release.

Demon Demo was also cited for failing to properly compensate 126 workers for overtime hours. As a result, the company will be required to pay nearly $109,000 in back wages.[/SIZE][/FONT]

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